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2026 DAILYLAW 31136 (KAR)

AZEEZ AZAM BAIG v. THE STATE OF KARNATAKA

CRL.P/8856/2026 · 2026-07-27

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010416652026 NC: 2026:KHC:38720 CRL.P No. 8856 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8856 OF 2026 BETWEEN: AZEEZ AZAM BAIG AGED 27 YEARS, S/O NAWAB BAIG M.A., 32/1, 1ST FLOOR, 2ND CROSS, RBI COLONY, JAYANAGAR 3RD BLOCK EAST, BENGALURU - 560 011. …PETITIONER (BY SRI. RAHAMATHULLA KOTHWAL, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY BASAVANAGUDI PS, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 19.06.2026 PASSED BY 34TH ADDL. CITY CIVIL AND SESSIONS COURT (CCH-35) IN CRL.MISC.NO.5552/2026 FOR SEEKING Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010416652026 NC: 2026:KHC:38720 CRL.P No. 8856 of 2026 ANTICIPATORY BAIL IN CR.NO.74/2026 OF BASAVANAGUDI POLICE STATION, BENGALURU CITY, FOR THE OFFENCES P/U/S 8(c) AND 20(b) OF THE NDPS ACT 1985 THEREIN REJECTING THE PETITIONERS APPLICATION FOR ANTICIPATORY BAIL. 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.3 in Crime No.74/2026 was registered by Basavanagudi Police Station, Bangalore for offences punishable under Section 8(c) and 20(b) of NDPS Act, 1985, is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR Crime No.74/2026 was registered by Basavanagudi Police Station, Bangalore, for the aforesaid offences against one Syed Omar and another, based on the first information dated 30.05.2026 received from Manjappa, Police Inspector, Basavanagudi Police Station. Apprehending arrest in the said case, petitioner had filed - 3 - HC-KAR CNR: KAHC010416652026 NC: 2026:KHC:38720 CRL.P No. 8856 of 2026 Crl.Misc.No.5552/2026, which was dismissed by the jurisdictional Session Court on 19.06.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that based on credible information received, accused No.1 and 2 were apprehended and from their possession, contraband article allegedly Hydro-Ganja, totally weighing 819 grams, was recovered and seized under a panchanama. 5. The allegation against the petitioner is that the scooter which was used by accused No.1 and 2 for the purpose of transporting the contraband article belonged to the petitioner. Accused No.1 and 2 who were arrested in the present case have been granted regular bail by the jurisdictional Court. It is not in dispute that petitioner has no other criminal antecedent against him and the seized contraband article in the present case is of small quantity. The petitioner has undertaken to cooperate with the police - 4 - HC-KAR CNR: KAHC010416652026 NC: 2026:KHC:38720 CRL.P No. 8856 of 2026 for the purpose of investigation. Under the circumstances, I pass the following: ORDER The 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.74/2026 was registered by Basavanagudi Police Station, Bangalore for offences punishable under Section 8(c) and 20(b) of NDPS Act, 1985, 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/- 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. - 5 - HC-KAR CNR: KAHC010416652026 NC: 2026:KHC:38720 CRL.P No. 8856 of 2026 3. 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. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE MCR List No.: 1 Sl No.: 96