Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:31048 CRL.P No. 4683 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4683 OF 2026 BETWEEN:
1. ASHIR ALI S/O SIDDIQUE V.K.
AGED ABOUT 36 YEARS, PRESENTLY RESIDING AT AKSHYANAGARA, T.G. PALYA, BEGURU, BENGALURU
2. RIYAZ S/O MOHAMMED AGED ABOUT 35 YEARS, PRESENTLY RESIDING AT AKSHYANAGARA, T.G. PALYA, BEGURU, BENGALURU
BOTH ARE PERMANENTLY RESIDING AT ASARIKANDI HOUSE, RAROTH, PARAPPAN POIL POST, THARMASHRI P.S. KOZHIKODE, KERALA. 3. SAJAD S/O MADJI, AGED ABOUT 34 YEARS, PRESENTLY RESIDING AT AKSHAYANAGARA, T.G. PALYA, BEGURU, BENGALURU PERMANENTLY RESIDING AT KALLADI KANNUMMAL, KAITAPOYIL POST, PUTUPADDI,
Digitally signed by NIRMALA DEVI Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:31048 CRL.P No. 4683 of 2026
KOZHIKODE, KERALA. …PETITIONERS (BY SRI. MUZAFFAR AHMED, ADVOCATE FOR SRI. YOGENDRA S, ADVOCATE)
AND:
STATE OF KARNATAKA BY SHO, AMRUTHAHALLI PS, BENGALURU CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.24/2026 FOR ALLEGED OFFENCES P/U/S 8(c), 20(b)(ii)(B), 22(b) OF NDPS ACT REGISTERED BY AMRUTHAHALLI POLICE STATION, PENDING ON THE FILE OF XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS), BENGALURU (CCH-35) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.5 to 7 in Crime No.24/2026 registered by the Amruthahally Police Station, Bengaluru, for the offences punishable under Sections 20(b)(ii)(B), 8(c), 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act], are
- 3 -
HC-KAR NC: 2026:KHC:31048 CRL.P No. 4683 of 2026
before this Court in this petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the petitioners and learned HCGP on behalf of respondent - State. 3. FIR in Crime No.24/2026 was registered by the Amruthahally Police Station, Bengaluru, for the aforesaid offences against one Kushal and three others based on the first information received on 19.01.2026 from one Ramesh, Police Officer attached to Amruthahally Police Station, Bengaluru. During the course of investigation of the said case, the petitioners herein were arrested and remanded to judicial custody on 21.01.2026.
Their bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.1237/2026 was rejected on 19.02.2026. Therefore, they are before this Court. 4. The learned counsel for the petitioners submits that the petitioners were arrested based on the confession statement of the accused named in the FIR. The petitioners have no criminal antecedents. The contraband article allegedly Hydro ganja weighing 2 kgs., 725 gms., was seized at the instance of the
- 4 -
HC-KAR NC: 2026:KHC:31048 CRL.P No. 4683 of 2026
petitioners on the next day on their confession. Accused No.4 from whom commercial quantity of Hydro ganja was recovered has been granted regular bail by the coordinate Bench of this Court in Criminal Petition No.4921/2026. Accordingly, prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor opposes the prayer. However, she does not dispute the statement made by the learned Counsel for the petitioners. She submits that investigation of the case is under progress. Accordingly, prays to dismiss the petition. 6. A perusal of the record would reveal that based on the credible information received, FIR in Crime No.24/2026 was registered for the aforesaid offences against Kushal and three others. In a raid that was conducted subsequently, 28 gms. of contraband article allegedly MDMA, 2 kgs., 725 gms. of Hydro ganja, 4 kgs., 220 gms., of ganja and 485 ectasy Tabs weighing 5.4 gms., were recovered from accused No.1 to 4 named in the FIR and seized under a panchanama. Based on the confession statement of the arrested accused named in the FIR, the petitioners were subsequently arrested and remanded
- 5 -
HC-KAR NC: 2026:KHC:31048 CRL.P No. 4683 of 2026
to judicial custody and the contraband article seized from them is allegedly Hydro ganja weighing about 2 kgs., 725 gms. 7. It is not in dispute that the petitioners do not have any criminal antecedents.
Accused No.4 who is named in the FIR and from whom there is a recovery of commercial quantity of contraband article has been granted regular bail by the coordinate Bench of this Court in Criminal Petition No.4921/2026 disposed of on 29.04.2026. Accused No.10 and 12 also have been granted regular bail by the coordinate Bench of this Court thereafter. 8. Under the said circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:
The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.24/2026 of Amruthahally Police Station, Bengaluru, for the offences punishable under Sections 20(b)(ii)(B), 8(c), 22 of NDPS Act, subject to the following conditions:
- 6 -
HC-KAR NC: 2026:KHC:31048 CRL.P No. 4683 of 2026
a) Petitioners each shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners are directed to appear before the Station House Officer of Amruthahally Police Station, Bengaluru, on every second Sunday of the month between 10.00 a.m., and 1 p.m., and mark their attendance till the investigation is completed and charge sheet is filed. Sd/- (S VISHWAJITH SHETTY) JUDGE
ND List No.: 1 Sl No.: 50