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2026 DAILYLAW 25303 (KAR)

MR. TOHID @ GHOUSE SHARIFF v. STATE OF KARNATAKA BY

CRL.P/7227/2026 · 2026-07-01

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32596 CRL.P No. 7227 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7227 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MR. TOHID @ GHOUSE SHARIFF S/O ASGAR SHARIFF, AGED ABOUT 35 YEARS, RESIDING AT NO. 7/9, 4TH AREA, MAKKAN ROAD CROSS, BHARATHI NAGAR, BENGALURU - 560049. …PETITIONER (BY SRI. SHANKAR H S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RAMANAGARA TOWN POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.31/2026 OF RAMANAGARA TOWN POLICE STATION, PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA REGISTERED FOR THE OFFENCE P/US/ 8(c),22(b) OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32596 CRL.P No. 7227 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in Crime No.31/2026 registered by Ramanagara Town Police Station, Bengaluru South District for offences punishable under Sections 8(c) and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) is before the Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.31/2026 was registered by Ramanagar town Police Station for the aforesaid offences against Nawaz Ulla Baig and two others based on the first information dated 31.03.2026, received from Sayed Tanveer Hussain, police officer attached to Ramanagar town police station. In the said case, petitioner is arrayed as accused No.3. Apprehending arrest, petitioner had filed Crl. Misc. No.258/2026 before the jurisdictional Sessions Court, which was rejected on 05.05.2026. Therefore, he is before the Court. - 3 - HC-KAR NC: 2026:KHC:32596 CRL.P No. 7227 of 2026 4. A reading of the first information submitted by the police officer attached to Ramanagar Police Station on 31.03.2026 would reveal, based on credible information received, accused Nos.1 and 2 were apprehended and from their possession contraband article allegedly Methamphetamine weighing 2.2 grams was recovered and seized under a Panchanama. It appears that the arrested accused had confessed that the said contraband article was supplied to them by the petitioner herein and it is under these circumstances, petitioner is arrayed as accused No.3 in the FIR. Undisputedly, petitioner has no other criminal antecedents. The seized contraband article allegedly Methamphetamine is a little more than the small quantity. The Hon'ble Supreme Court in the case of Tofan Singh Vs. State of Tamilnadu reported in AIR 2020 SC 5592 has observed that "confession statement of a co-accused recorded under Section 67 of the NDPS Act is not a admissible evidence." Petitioner has undertaken to co-operate with the police for the purpose of investigation. 5. Under these circumstances, I am of the opinion that by imposing appropriate conditions, his prayer for grant of - 4 - HC-KAR NC: 2026:KHC:32596 CRL.P No. 7227 of 2026 anticipatory bail needs to be answered affirmatively. Hence, the following: ORDER 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.31/2026 registered by Ramanagara Town Police Station, Bengaluru South District for offences punishable under Sections 8(c) and 22(b) of the NDPS Act, subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (One lakh only) with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co- - 5 - HC-KAR NC: 2026:KHC:32596 CRL.P No. 7227 of 2026 operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. 5. Petitioner shall appear before the station house officer of Ramanagar town police station on every first Sunday of the month between 10.30 a.m. and 02.00 p.m. and mark his attendance regularly till the investigation process is completed and charge sheet is filed. Sd/- (S VISHWAJITH SHETTY) JUDGE BS List No.: 1 Sl No.: 82/ 01.07.2026