- 1 - HC-KAR NC: 2026:KHC:10510 CRL.P No. 17080 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17080 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI ZOHAN MISTRY S/O.SHARUKH ERUCHSHAW MISTRY AGED ABOUT 27 YEARS, R/AT.NO.576, 9TH A MAIN, OPPOSITE KFC, INDIRANAGAR 1ST STAGE, BANGALORE 560 038 …PETITIONER (BY SRI. SAMARTH S MURTHY, ADVOCATE FOR SRI S.G.MUNISWAMY GOWDA.,ADVOCATE) AND: 1. STATE BY INDIRANAGAR POLICE STATION, INDIRANAGAR, BENGALURU 560 038 REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI.M R PATIL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10510 CRL.P No. 17080 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE INDIRANAGAR POLICE, TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.125/2025 OF INDIRANAGAR POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 20(A) OF NDPS ACT ON THE FILE OF XI ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU CITY. 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 accused No.3 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.125/2025 of Indiranagar Police Station registered for the offence punishable under Section 20(a) of Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State. 3. The learned counsel for petitioner would contend that the name of this petitioner has been taken by - 3 - HC-KAR NC: 2026:KHC:10510 CRL.P No. 17080 of 2025 accused Nos.1 and 2 in their voluntary statement that they used to purchase the Hydro Ganja from this petitioner. The petitioner was not present at the spot at the time when accused Nos.1 and 2 were secured by the raiding team. The confession of co-accused is not admissible in evidence. There are no materials at this stage to show that the petitioner is a drug peddler. He contended that in similar case, this Court has granted anticipatory bail in Crl.P No.14948/2025 by order 10.12.2025. There are no criminal antecedents of the petitioner. The petitioner is ready to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for respondent/State would contend that the petitioner used to sell the ganja to accused Nos.1 and 2. Accused Nos.1 and 2 stated the same in their voluntary statement. The investigation is in progress. The - 4 - HC-KAR NC: 2026:KHC:10510 CRL.P No. 17080 of 2025 petitioner is required for custodial interrogation. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. Accused Nos.1 and 2 have been granted bail by the learned Magistrate. 7. Accused Nos. 1 and 2 were found to be in possession of contraband weighing 17 grams of hydro ganja, valued at Rs.30,000/-. The petitioner's name has been disclosed by accused Nos.1 and 2 for having purchased the contraband from the petitioner/accused No.3. There is no allegation of possession of any contraband by this petitioner. The petitioner has undertaken to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents - 5 - HC-KAR NC: 2026:KHC:10510 CRL.P No. 17080 of 2025 of the petitioner. The petitioner is not required for custodial interrogation. 8. Consideration the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.125/2025 of Indiranagar Police Station registered for the offence punishable under Section 20(a) of Narcotic Drugs and Psychotropic Substances Act, 1985 subject following conditions: a) The petitioner shall voluntarily appear before the Investigating Officer within ten days from this day and executed bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. - 6 - HC-KAR NC: 2026:KHC:10510 CRL.P No. 17080 of 2025 b) The petitioner shall cooperate with the Investigating Officer in the investigation and appear before the Investigating Officer whenever called for. c) The petitioner shall appear before the Investigating Officer on every Sunday between 10.00 a.m. and 2.00 p.m. for a period of two months or till filing of the final report, whichever is earlier. d) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 37