- 1 - HC-KAR NC: 2026:KHC:7525 CRL.P No. 17265 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 17265 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SYED RIYAZ @ CHAPPER RIYAZ S/O KAMAR PASHA AGED ABOUT 46 YEARS NO.77, 4TH MAIN ROAD NEAR UMER FAROOQ MASJID BYRASANDRA, 1ST BLOCK JAYANAGAR, BANGALORE-560 041 …PETITIONER (BY SRI. M. ABDUL SALAM, ADVOCATE FOR SMT. SHANTHALADEVI B.R, ADVOCATE) AND: THE STATE OF KARNATAKA THE STATE REP. BY THE INSPECTOR OF POLICE KUMARSWAMY LAYOUT POLICE STATION BANGALORE-560 078 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001 …RESPONDENT (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED UNDER SECTION 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.C.NO.1767/2025 FOR THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7525 CRL.P No. 17265 of 2025 ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 20(b)(ii)C OF NDPS ACT REGISTERED BY THE KUMARSWAMY LAYOUT P.S., IN CR.NO.101/2025 NOW THE CASE IS PENDING BEFORE ADDL CITY CIVIL AND SESSIONS JUDGE (XXXIV) AT BENGALURU. 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.4 under Section 483 of the BNSS praying to grant bail in Special Case No.1767/2025 registered for offences punishable under Section 20(c)(ii) C of NDPS Act arising out of Crime No.101/2025 of Kumarswamy Layout Police Station, Bengaluru pending on the file of Additional City Civil and Sessions Judge(XXXIV), Bangalore. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. 3. Learned counsel for the petitioner would contend that accused No.1 has been granted bail by this Court in Criminal Petition No.11477/2025, accused No.2 - 3 - HC-KAR NC: 2026:KHC:7525 CRL.P No. 17265 of 2025 has been granted bail by the Sessions Court in Criminal Miscellaneous No.7804/2025 and accused No.3 has been granted bail by the Sessions Court in Criminal Miscellaneous No.7455/2025. He further contends that the petitioner has been arrested in Crime No.242/2025 registered by the same police station. The Investigating Officer in both cases are same. The complaint in the present case is by PSI and the complaint in the Crime No.242/2025 is by Police Constable. He further contends that if the recovery of contraband is from the vehicle, it cannot be said that it is in conscious possession of the accused as held in Union of India v. Bal Mukund and others1. He contends that if the informant and Investigating Officer is the same, it creates doubt and violates the right to fair investigation and it is held in Mohan Lal Vs State of Punjab2. On these grounds, he prayed to allow the petition. 1 Reported in (2009) 12 SCC 161 2 Reported in (2018) 17 SCC 627 - 4 - HC-KAR NC: 2026:KHC:7525 CRL.P No. 17265 of 2025 4. Per contra, learned High Court Government Pleader for the respondent -State would contend that the petitioner is the maternal uncle of accused No.1. Accused Nos.1 to 4 were found in the car and on seeing the police this petitioner –accused No.4 ran away from the car and police caught accused Nos.1 to 3 and ganja of 23.031 kg have been seized from the car. The quantity of ganja seized is commercial quantity and therefore, rigor of Section 37 of NDPS Act is attracted. The charge sheet materials show prima facie case against the petitioner for offence alleged against him. The offence alleged is provided with sentence of imprisonment which may extend upto 20 years. The petitioner is having criminal antecedents and involved in another case, committing similar offence. If the petitioner is granted bail, there are chances of him again committing similar offence. With this, he prayed to reject the petition. - 5 - HC-KAR NC: 2026:KHC:7525 CRL.P No. 17265 of 2025 5. Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that when C.W.1 and C.W.2 were on petrolling duty on 29.04.2025 at about 03.30p.m., they received credible information, they went to the spot and found Innova car, one person ran away and three persons were caught. Ganja of 29 kg and 31 gram has been seized from the car. Accused Nos.1 to 3 disclosed the name of this petitioner as the person ran away. Along with the Ganja, weighing machine, two Samsung mobiles and another car have been seized. 7. Learned counsel for petitioner has not produced the copies of orders under which accused Nos.1 to 3 have been granted bail. 8. The petitioner is maternal uncle of accused no. 1. Accused Nos.1 to 3 have disclosed the name of this petitioner as the person who ran away from the car. The - 6 - HC-KAR NC: 2026:KHC:7525 CRL.P No. 17265 of 2025 quantity of ganja seized from the car is commercial quantity. As the quantity of ganja seized is commercial quantity, the rigor of Section 37 of the NDPS Act is attracted. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. The petitioner is also involved in Crime No.242/2025 for committing similar offence, that itself indicates that the petitioner is having criminal antecedents. If the petitioner is granted bail, there are chances of him again committing similar offence. 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 DSP List No.: 1 Sl No.: 16