- 1 - HC-KAR NC: 2026:KHC:14126 CRL.P No. 15479 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 15479 OF 2025 (439(Cr.PC)/ 483(BNSS)) BETWEEN: SRI. SIKANDAR PASHA S/O CHAND PASHA AGED ABOUT 31 YEARS RESIDING AT NO.4064, PHOOL BHAG NEAR MASJID MAHABOOB NAGARA RAMANAGARAM KARNATAKA 3 571 511. & PETITIONER (BY SRI. AFROZ PASHA, ADVOCATE) AND: STATE OF KARNATAKA, SHANTHIGRAMA POLICE STATION REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE 3 560 001. & RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CR.NO.142/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(b)(ii)(c) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT (NDPS ACT) OF THE RESPONDENT POLICE i.e., SHANTHIGRAMA POLICE STATION, HASSAN PENDING ON THE Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14126 CRL.P No. 15479 of 2025 FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE HASSAN IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This petition is filed by the petitioner, who is arraigned as accused No.3 seeking for regular bail in Cr.No.142/2025 for the offences punishable under Section 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The case of the prosecution is that on 12.09.2025 at about 09.30 a.m., the complainant has received a message stating that the accused persons were carrying ganja traveling by train and bus and they have reached Ranganathapura Railway Station at Shanthigrama and they were waiting to go to Bengaluru by train for the purpose of selling the ganja. - 3 - HC-KAR NC: 2026:KHC:14126 CRL.P No. 15479 of 2025 3. On the said information, the complainant and his staff went to the spot and apprehended the accused in the railway station and conducted search and seizure of the said contraband. Thereafter, it was weighed, in all, it was weighing about 31.5 kgs. Ganja worth of Rs.12,40,000/-. Hence, the case has been registered against the petitioner and others and they are in judicial custody. The investigation is completed and charge sheet is filed. 4. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences. He was not aware about the said contraband. However, he has been implicated in the false case. There are no antecedents against the petitioner herein. The petitioner is a permanent resident of Ramanagara, Bengaluru South and he is aged about 31 years. 5. It is further submitted that he is the earning member of the family and the entire family is depending - 4 - HC-KAR NC: 2026:KHC:14126 CRL.P No. 15479 of 2025 on his income. The alleged seizure had taken place at the railway station and it is stated that he had possessed 10 kg. 340 gms of ganja. However, it is an intermediatory quantity. The punishment prescribed for the said offence is 10 years. The petitioner will abide by the conditions imposed by this Court, in the event of his release on bail. Making such submission, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently submitted that though he is not a habitual offender, the fact remains that, the contraband has been seized at his instance, which he was carrying in a school bag. It is established that he had knowledge regarding carrying the said contraband, inventory has been done immediately after the seizure of the said contraband. If the petitioner is enlarged on bail, there may be chances of committing similar offence and also, there may be chances of absconding from the case. Hence, it is - 5 - HC-KAR NC: 2026:KHC:14126 CRL.P No. 15479 of 2025 not appropriate to release the petitioner on bail and prays to dismiss the petition. 7. Heard learned counsel for the respective parties, perused the averments made in the complaint, remand application and other documents available on record. It appears from the record that the complainant had received information that the present petitioner and others were carrying contraband/ganja for the purpose of selling the same to the public. On receiving the said information, the complainant had conducted search and seizure, after apprehending the petitioner and others. No doubt, the complainant and others seized the contraband. However, there is a doubt regarding the inventory carried out by the authority. Hence, I am of the considered opinion that the petitioner herein has made out a case to grant him bail. 8. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2026:KHC:14126 CRL.P No. 15479 of 2025 ORDER i. This Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not commit any similar offence till disposal of the present case. iv. The petitioner shall appear before the trial Court on all hearing dates. v. The petitioner shall not tamper the prosecution witnesses. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/-