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2026 DAILYLAW 23686 (KAR)

SYED SAGHEER v. STATE BY R M C YARD POLICE

CRL.P/5112/2026 · 2026-06-23

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31049 CRL.P No. 5112 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. 5112 OF 2026 BETWEEN: SYED SAGHEER S/O. SYED AHMED AGED ABOUT 27 YEARS R/AT NO.322, MODI ROAD, D.J. HALLI, NEAR TANK MOHALLA, BENGALURU- 560 045. …PETITIONER (BY SRI. MANJUNATH B., ADVOCATE) AND: STATE BY R.M.C YARD POLICE REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA COMPLEX, BENGALURU. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER AND DIRECT THE RESPONDENT POLICE THAT IS R.M.C. YARD POLICE TO RELEASE THE PETITIONER ON BAIL, IN THE EVENT OF THERE ARREST IN CRIME NO.0220/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 20(b) OF NDPS, PENDING BEFORE THE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-35) AND SPL. JUDGE AT BENGLAURU AND ETC. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31049 CRL.P No. 5112 of 2026 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.2 in Crime No.220/2025 registered by the RMC Yard Police Station, Yeshwanthapura Sub Division, Bengaluru, for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act], is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioner and learned HCGP on behalf of respondent - State. 3. FIR in Crime No.220/2025 was registered by the RMC Yard Police Station, Yeshwanthapura Sub Division, Bengaluru, for the aforesaid offence against one Afsar Pasha based on the first information received on 28.11.2025 from Mahesh G, Police Officer attached to the RMC Yard Police Station, Yeshwanthapura, Bengaluru. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.133/2026 before the - 3 - HC-KAR NC: 2026:KHC:31049 CRL.P No. 5112 of 2026 jurisdictional Sessions Court, which was rejected on 02.02.2026. Therefore, he is before this Court. 4. FIR in the present case was registered based on the credible information received that accused No.1 - Afsar Pasha was attempting to sell the contraband article allegedly ganja to the public. It is under these circumstances, FIR was registered only as against Afsar Pasha and the petitioner's name is not found in the FIR. Afsar Pasha was apprehended and from his possession the contraband article allegedly ganja totally weighing 8 Kgs., 350 gms., was recovered under a panchanama. 5. It is not in dispute that Afsar Pasha who was arrested and remanded to judicial custody in the present case, has been granted regular bail by the trial Court. 6. So far as the petitioner is concerned, undisputedly, he has no criminal antecedents. It is only on the basis of alleged confession statement of accused No.1, the petitioner has been arraigned as accused in the present case. It appears that accused No.1 has stated during the course of confession that - 4 - HC-KAR NC: 2026:KHC:31049 CRL.P No. 5112 of 2026 he and the petitioner herein had purchased the contraband article - ganja, which was in his possession and since he had no money, he was making attempts to sell the same. The entire contraband article - ganja, which was in the possession of accused No.1 has been already seized in the present case under a panchanama. The petitioner having no criminal antecedents has undertaken to cooperate with the police for the purpose of investigation. Under the said circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order: 7. Criminal petition is allowed. The respondent-Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.220/2025 registered by the RMC Yard Police Station, Yeshwanthapura Sub Division, Bengaluru, for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, subject to following conditions: - 5 - HC-KAR NC: 2026:KHC:31049 CRL.P No. 5112 of 2026 a. The petitioner shall appear before the Investigation Officer of the present case at 10.30 a.m., on 06.07.2026 and on the said date, the Investigation Officer is at liberty to take the petitioner to custody for the purpose of interrogation. However, it is made clear that on the very same day, on or before 6.00 pm., the petitioner shall be released subject to he executing a personal bond for a sum of `1,00,000/- with two sureties for the likesum to the satisfaction of the investigation officer; b. Petitioner shall regularly appear before the Trial Court on the date of hearing without fail unless exempted by the Trial Court for valid reasons; c. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon; d. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE ND/ List No.: 1 Sl No.: 52