- 1 - HC-KAR NC: 2026:KHC:1399 CRL.P No. 13789 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13789 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI. UBAID RAHMAN S/O MUHAMMAD ALI AGED ABOUT 23 YEARS R/AT ARYANKULAM KATTIPPARA, POONOOR 673 573. …PETITIONER (BY SRI. SUYOG HERELE E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ANEKAL PS REPRESENTED BY SPP HIGH COURT OF KARNATAKA BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI M R PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN AN EVENT OF HIS ARREST IN CONNECTION WITH CRIME No.0130/2025 REGISTERED WITH THE RESPONDENT ANEKAL POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 22(a), 22(c) AND 20(b) OF Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1399 CRL.P No. 13789 of 2025 THE NDPS ACT, ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT ANEKAL, BENGALURU RURAL. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 4 under Section 482 of BNSS praying to grant anticipatory bail in Crime No. 130/2025 of Anekal Police Station registered for offence under Sections 22(a), 22(C) and 20(b) of NDPS Act. 2. Heard learned counsel for petitioner and learned HCGP for respondent – State. 3. Learned counsel for petitioner would contend that recovery of contraband is from accused No. 1. There is no recovery of any contraband from the present petitioner. Name of the present petitioner has been disclosed by accused No. 1 as one of the persons who ran away from the spot. Petitioner has been issued with a - 3 - HC-KAR NC: 2026:KHC:1399 CRL.P No. 13789 of 2025 notice under Section 35 of BNSS and therefore he apprehends his arrest. He further submitted that in similar circumstances Hon’ble Apex Court has granted anticipatory bail for the accused in the case of Vijay Singh v. State of Haryana, 2023 SCC Online SC 1235. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that totally 4 persons were present on the spot and on seeing the Police, 3 persons ran away and accused No. 1 was caught from the 2 cars and totally 160 kgs (130 + 30 kgs) of Ganja and 2 weighing machines have been seized. Quantity of Ganja seized is commercial quantity. Accused No. 1 was caught at the spot and he disclosed the names of this petitioner and other two persons who were with him. There is also recovery of Ganja from the house in which accused Nos. 1 to 4 were residing. Petitioner is required for custodial interrogation. The offence alleged against the petitioner is punishable with imprisonment - 4 - HC-KAR NC: 2026:KHC:1399 CRL.P No. 13789 of 2025 which may extend to 20 years. With this, he prayed to reject the petition. 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. The PSI had received credible information and along with his staff he conducted raid and found two cars and four persons standing near them. On seeing the Police said persons started running away and the Police caught one person and seized 130 kgs of Ganja from one car and 30 kgs of Ganja from another car and two weighing machines. The person who was caught has disclosed the names of other three persons who ran away, which include the name of this petitioner. The contraband seized is a commercial quantity and the offence alleged is punishable with imprisonment which may extend to 20 years. 7. The decision on which learned counsel for petitioner has placed reliance does not apply to the facts - 5 - HC-KAR NC: 2026:KHC:1399 CRL.P No. 13789 of 2025 of the present case since the allegation against the petitioner in the present case is that he was present along with accused No. 1 and two others (accused No. 2 and 3), whereas in the case in which learned counsel for petitioner has placed the reliance, petitioner therein was not present at the spot, but he was named by the co-accused. 8. Considering that the contraband seized is commercial quantity, petitioner is required for custodial interrogation. 9. Considering the above aspects petitioner has not made out any grounds for grant of discretionarily relief of anticipatory bail. 10. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 1 Ct.sm