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2026 DAILYLAW 36207 (KAR)

UMESH P v. STATE BY SHESHADRIPURAM POLICE

CRL.P/10876/2026 · 2026-08-20

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010497022026 NC: 2026:KHC:45283 CRL.P No. 10876 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10876 OF 2026 BETWEEN: UMESH P S/O PADMANABHA AGED ABOUT 30 YEARS RESIDING AT DOOR NO.3 KUSHALNAGAR HOBLI SOMWARPET TALUK MULLUSOGE VILLAGE AND POST KODAGU DISTRICT PIN CODE - 571 234. …PETITIONER (BY SRI RAJU C.N, ADV.) AND: STATE BY SHESHADRIPURAM POLICE BANGALORE, REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE PIN CODE NO - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.06/2026 OF SHESHADIRPURAM POLICE, ON THE FILE OF XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS), BENGALURU CCH-35 FOR THE OFFENCE P/U 20(b) 8(c), AND 20(b) (ii) (B) OF NDPS ACT. BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010497022026 NC: 2026:KHC:45283 CRL.P No. 10876 of 2026 ORAL ORDER 1. Accused No.4 in Crime No.6/2026 registered by Seshadripuram Police Station, Bengaluru, for the offence punishable under Section 20(b) of the 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 in Crime No.6/2026 was registered by Seshadripuram Police Station, Bengaluru, for the aforesaid offence against unknown persons based on the first information dated 23.01.2026 received from Chaluvegowda K B, police officer attached to Seshadripuram Police Station, Bengaluru. During the course of investigation, accused No.1 - Mohammed Sohaib was arrested on 23.01.2026 and remanded to judicial custody. Based on confession statement accused No.1, petitioner is arraigned as accused No.4. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.4810/2026 before the jurisdictional Sessions Court, which was rejected on 15.06.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010497022026 NC: 2026:KHC:45283 CRL.P No. 10876 of 2026 4. Material on record would go to show that after FIR was registered in Crime No.6/2026 and accused No.1 was apprehended in the said case on 23.01.2026 and from his possession, contraband article allegedly Hydro Ganja weighing 4 kgs 250 grams was recovered and seized under panchanama. It appears that accused No.1 during the course of his interrogation had confessed that petitioner had supplied contraband article to him. It is under these circumstances, petitioner is arraigned as accused No.4 in the present case. 5. During the course of investigation, petitioner, who was in custody in Crime No.145/2025 registered by Kushal Nagar Police Station was produced before the jurisdictional Court in the present case under body warrant and he was remanded to police custody for a period of four days. It appears that subsequently petitioner has been granted regular bail in the main case in which he was arrested and after being released from jail, petitioner had approached the jurisdictional Sessions Court in Crl.Misc.No.4810/2026. Undisputedly, there is no seizure of any contraband article in the present case from the possession of the petitioner. He was in police custody for a - 4 - HC-KAR CNR: KAHC010497022026 NC: 2026:KHC:45283 CRL.P No. 10876 of 2026 period of four days after he was brought under body warrant and produced before the jurisdictional Court in the present case. Accused No.1, who was arrested in the present case has been granted bail by the jurisdictional Sessions Court. Under the circumstances, the following order:- 6. The 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.6/2026 registered by Seshadripuram Police Station, Bengaluru, for the offence punishable under Section 20(b) of the 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: KAHC010497022026 NC: 2026:KHC:45283 CRL.P No. 10876 of 2026 3. Petitioner shall not tamper with the prosecution witnesses 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 DN List No.: 1 Sl No.: 92