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2026 DAILYLAW 52229 (KAR)

SRI NAWAZ PASHA @ LX v. THE STATE OF KARNATAKA

CRL.P/17609/2025 · 2026-02-04

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6355 CRL.P No. 17609 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17609 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. NAWAZ PASHA @ LX S/O AMANULLA AGED ABOUT 30 YEARS R/OF NO.43, 6TH CROSS VINAYAKANAGAR HALEGUDDADEHALLI MYSORE ROAD BANGALORE-560 026 …PETITIONER (BY SMT. RAJESHWARI M, ADVOCATE) AND: THE STATE OF KARNATAKA BYATARAYANAPURA POLICE STATION REP. BY ITS LEARNED STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED UNDER SECTION 483 OF BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.325/2025 PENDING ON THE FILE OF XXXIII ADDL.CITY CIVIL AND SESSION JUDGE AND SPL.JUDGE (NDPS) BENGALURU FOR THE OFFENCE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6355 CRL.P No. 17609 of 2025 PUNISHABLE UNDER SECTIONS 22(B)(C)(A) OF NDPS ACT OF BYATARAYANAPURA P.S. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Crime No.325/2025 of Byatarayanapura Police Station, registered for offences under Section 22(b)(C)(a) of NDPS Act. 2. Heard learned counsel for the petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that now investigation is over and charge sheet has been filed against the petitioner for offence under Section 22(b) of NDPS Act. A crime was registered against the petitioner in Crime No.322/2025 of Byatarayanapura Police Station for offences under Section 109(1), 105(1), 351, 352 of BNS and FIR came to be registered on 30.09.2025 and incident - 3 - HC-KAR NC: 2026:KHC:6355 CRL.P No. 17609 of 2025 took place on 29.09.2025. As the petitioner was involved in the said crime, a false case has been registered against him in the present case. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this she prayed to allow the petition. 4. Per contra, learned HCGP would contend that the FSL report indicates that the contraband seized is positive for methamphetamine and negative for MDMA. The charge sheet material show prima-facie case against the petitioner for the offence alleged against him. Petitioner is having criminal antecedents and involved in Crime No.322/2025 of Byatarayanapura Police Station. If the petitioner is granted bail, there are chances of him committing similar offence. The offence alleged against the petitioner is provided with punishment of imprisonment which may extend to 10 years. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:6355 CRL.P No. 17609 of 2025 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. On receipt of credible information given by HC No.11926, in writing, the case has been registered against unknown person in Crime No.325/2025. Based on the said credible information, raid was conducted and petitioner was found possessing contraband weighing 21.5 grams and it is alleged that it is MDMA. The sample of said contraband seized has been sent to the FSL for examination. The FSL report indicates that the sample is positive for methamphetamine and negative for MDMA. Considering the said aspect, as the quantity seized is 21.5 grams, it is more than smaller quantity and lesser than commercial quantity. Therefore, charge sheet has been filed for offence under Section 22(b) of NDPS Act. The said offence is provided with a punishment of imprisonment which may extend to 10 years and with fine which may extend to Rs.1,00,000/-. The petitioner is having criminal - 5 - HC-KAR NC: 2026:KHC:6355 CRL.P No. 17609 of 2025 antecedent and he is involved in Crime No.322/2025 of Byatarayanapura Police Station for the offence under Section 109(1), 105(1), 351, 352 of BNS. If the petitioner is granted bail, there are chances of him committing similar offence. 7. Considering the above aspect, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 9