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2026 DAILYLAW 25677 (KAR)

ZAHIR @ KALU v. THE STATE OF KARNATAKA

CRL.P/6987/2026 · 2026-07-02

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33055 CRL.P No. 6987 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6987 OF 2026 BETWEEN: 1. ZAHIR @ KALU, S/O LATE MOHEMMED PHEER, AGED ABOUT 48 YEARS, R/AT NO.55, 1ST CROSS, NEAR KANNADA SCHOOL, J.J.NAGARA, GORIPALYA, BENGALURU - 560 026. 2. UMAIR KHAN, S/O JABBAR KHAN, AGED ABOUT 22 YEARS, R/AT NO.7C/599, RAMASAMY LAYOUT, NEAR SAI BABA TEMPLE, KOLLEGALA TOWN - 571 440. …PETITIONERS (BY SRI. CHANDRAPPA K.N., ADVOCATE) AND: THE STATE OF KARNATAKA, BY KOLLEGALA POLICE STATION, BENGALURU - 571 440. REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33055 CRL.P No. 6987 of 2026 HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P. IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL U/S 483 OF BNSS IN CRIME NO.55/2026 OF KOLLEGAL POLICE STATION OFFENCE U/S 20(b) (ii)(A), 27(b), 25 OF NDPS ACT 1985 PENDING ON THE FILE BEFORE PRL.DISTRICT AND SESSIONS JUDGE AT CHAMARAJANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 and No.3 in Crime No.55/2026 registered by Kollegala Rural Police Station, Chamarajanagar District, for the offences punishable under Sections 20(B)(ii), 27(b), 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), are before this Court in this criminal - 3 - HC-KAR NC: 2026:KHC:33055 CRL.P No. 6987 of 2026 petition filed under Section 483 of BNSS 2023, seeking regular bail. 2. Heard the learned counsel for the petitioners and learned HCGP for the respondent -State. 3. FIR in Crime No.55/2026 was registered by Kollegala Rural Police Station, Chamarajanagar District, for the aforesaid offences against 17 persons based on the first information dated 04.04.2026 received from Shivamadaiah, Police Officer attached to Kollegala Rural Police Station. In the said case, petitioners herein who are arraigned as accused No.2 and 3 in the FIR were arrested on 04.04.2026 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed as against 30 persons and petitioners are arrayed accused No.2 and 3 in the charge sheet. Their bail application filed before the trial Court in Crime - 4 - HC-KAR NC: 2026:KHC:33055 CRL.P No. 6987 of 2026 No.55/2026 was rejected on 17.04.2026. Therefore, they are before this Court. 4. A perusal of the record would reveal that accused No.1 had hosted a birthday party and all other accused persons had gathered to attend the said party. Based on credible information, the police had raided the place where the birthday party was hosted by accused No.1. During the course of raid, contraband articles, charas totally weighing 157.15 grams and ganja totally weighing 95.70 grams were recovered. 5. It is brought to the notice of this Court that accused No.4 to 15 have been granted regular bail by this Court and so far as accused No.1 is concerned, the Co-ordinate Bench of this Court in Crl.P.No.6080/2026 has passed an order, directing the Police not to arrest him. Investigation of the case is - 5 - HC-KAR NC: 2026:KHC:33055 CRL.P No. 6987 of 2026 already completed and charge sheet has been filed. The seized contraband article is of intermediate quantity. Considering the nature of allegations found against the accused persons in the charge sheet, as well as the fact that the other accused have been already enlarged on bail, 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: ORDER The Criminal Petition is allowed. The petitioners-Accused No.2 and 3 are directed to be enlarged on bail in Crime No.55/2026 registered by Kollegala Rural Police Station, Chamarajanagar District for the offences punishable under Sections 20(B)(ii), 27(b), 25 of NDPS Act, subject to the following conditions: - 6 - HC-KAR NC: 2026:KHC:33055 CRL.P No. 6987 of 2026 a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each 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; and e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE MKM List No.: 1 Sl No.: 53