- 1 - HC-KAR CNR: KAHC010488972026 NC: 2026:KHC:46097 CRL.P No. 10482 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10482 OF 2026 (438(Cr.PC) / 482(BNSS)-) BETWEEN: 1. MRS. MUBARAKA @ MUBARAK W/O SHEIKH MASTAN, AGED ABOUT 35 YEARS, R/AT 56, 5TH CROSS, 2ND MAIN ROAD, VALMIKINAGAR, BENGALURU-560 026. … PETITIONER (BY SMT. SWATHI R. BHAT, ADVOCATE FOR SMT. JAYANTHI R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CCB OCW (WEST) POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001 … RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS), PRAYING TO RELEASED ON ANTICIPATORY BAIL IN CONNECTION WITH CR.NO.65/2025 (SPL.C.C.NO.296/2026) PENDING BEFORE THE HON'BLE COURT OF HON'BLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS), AT BENGALURU (CCH-33) PERTAINING TO THE CCB Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010488972026 NC: 2026:KHC:46097 CRL.P No. 10482 of 2026 OCW (WEST) POLICE STATION FOR THE OFFENCES P/U/S 8(c), 22(c) OF NDPS ACT. 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.5 in Spl.CC No. 296/2026 pending before the Court of XXXIII Additional City civil and Sessions Judge & Special Judge (NDPS), Bangalore, arising out of Crime No. 65/2025 registered by the CCB Bangalore City Police, for the offences punishable under Sections 8(c) and 22(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the NDPS Act') is before this Court in this petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No. 65/2025 was registered against Shaik Mastan and others for the aforesaid offences based on the first information dated 02.09.2025 received - 3 - HC-KAR CNR: KAHC010488972026 NC: 2026:KHC:46097 CRL.P No. 10482 of 2026 from Sri. Ravi K, Police Officer attached to CCB Bangalore City Police. Apprehending arrest in the case, petitioner had filed Crl.Misc. No.3537/2026 before the trial Court which was dismissed on 23.06.2026. Therefore, she is before this Court. 4. The material on record would go to show that during the course of investigation, accused Nos.1 to 4 named in the FIR were arrested and from their possession, contraband article allegedly MDMA totally weighing 23.28 grams was recovered and seized under a panchanama. 5. Petitioner is the wife of accused No. 1 named in the FIR. After completing investigation, charge sheet has been filed in the present case against accused Nos. 1 to 4 and in the said charge sheet, it is mentioned that further investigation as against accused Nos. 5 and 6 is under progress and additional charge sheet will be filed as against them. Accused No. 6 is said to be the sister of Accused No. 5. It is under these circumstances - 4 - HC-KAR CNR: KAHC010488972026 NC: 2026:KHC:46097 CRL.P No. 10482 of 2026 apprehending arrest accused No.5 had approached the jurisdictional Sessions Court. 6. It is not in dispute that accused No.5 has no other criminal antecedents. She is a married lady. According to the prosecution, during the course of interrogation, accused Nos. 1 to 4 had confessed that accused No. 5 also played an active role in committing the crime. It is only based on the said confession, accused Nos. 5 and 6 are arrayed as accused in the present case. Accused No. 6 had voluntarily surrendered before the trial Court and she has been granted regular bail by the said Court. 7. Except the confession statement, there is no other material to connect the petitioner / accused No.5 to the alleged crime. The Hon'ble Supreme Court in the case of Toofan Singh v. State of Tamil Nadu (2021) 4 SCC 1 has observed that Confession Statement recorded under - 5 - HC-KAR CNR: KAHC010488972026 NC: 2026:KHC:46097 CRL.P No. 10482 of 2026 Section 67 of the NDPS Act is not an admissible evidence. Petitioner has undertaken to cooperate with the police. 8. Under the circumstances, the following: ORDER 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 her arrest in Crime No. 65/2025 registered by the CCB Bangalore City Police, Bangalore, for the offences punishable under Sections 8(c) and 22(c) 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. - 6 - HC-KAR CNR: KAHC010488972026 NC: 2026:KHC:46097 CRL.P No. 10482 of 2026 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 she 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 VP