Sri Syed Afsan Vs State of Karnataka

¶1

1 -

¶2

NC: 2025:KHC:13807 CRL.P No.3807/2025

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2025 BEFORE

¶4

THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

¶5

CRIMINAL PETITION NO.3807/2025

¶6

BETWEEN:

¶7

Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka

¶8

SRI. SYED AFSAN S/O SYED AFZAL AGED ABOUT 29 YEARS R/AT. WARD NO.18 OPPOSITE MASJID MEHABOOB NAGAR RAMANAGARA TOWN RAMANGARA TALUK AND DISTRICT 562159. …PETITIONER (BY SRI. PRASHANTH D, ADV.,)

¶9

AND:

¶10

STATE OF KARNATAKA BY SUB INSPECTOR OF POLICE RAMANAGARA TOWN POLICE STATION RAMANAGARA TOWN CIRCLE RAMANAGARA DISTRICT 562159

¶11

REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 560001.

¶12

…RESPONDENT

¶13

(BY SMT. PUSHPALATHA B, ADDL. SPP)

¶14

THIS CRL.P IS FILED U/S 438 OF CR.P.C. (FILED U/S 482 BNNS) PRAYING TO ENLARGE HIM ON BAIL WHO IS ACCUSED NO.2 IN CRIME NO. 10/2025, PENDING ON THE FILE OF HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE,

¶15

2 - NC: 2025:KHC:13807 CRL.P No.3807/2025

¶16

RAMANAGARA, REGISTERED BY THE RAMANAGARA TOWN POLICE STATION, RAMANAGARA FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 20(b)(ii)(B) OF NARCOTIC DRUGS AND PHYCHOTROPIC SUBSTANCES ACT 1985 IN THE INTEREST OF JUSTICE.

¶17

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶18

CORAM: HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

¶19

ORAL ORDER

¶20

Accused No.2 in Crime No.10/2025 registered by

¶21

Ramanagara Town Police Station, Ramanagara, for the offences punishable under Sections 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail.

¶22

Heard the learned counsel for the parties.

¶23

FIR in Crime No.10/2025 was registered by

¶24

Ramanagara Town Police Station, Ramanagara, against the petitioner herein for the aforesaid offence based on the

¶25

first information dated 31.01.2025 received from Akash S Channal, PSI of Ramanagara Town Police Station,

¶26

3 - NC: 2025:KHC:13807 CRL.P No.3807/2025

¶27

Ramanagara. Apprehending arrest in the said case, petitioner herein arrayed as accused No.2 in the FIR, had filed Crl.Misc.No.135/2025 before the Jurisdictional Sessions Court, which was rejected on 01.03.2025. Therefore, the petitioner is before this Court.

¶28

Learned counsel for the petitioner submits that the petitioner has no other criminal antecedents, except the confession statement of accused No.1, there is no other material as against the petitioner. He is ready and willing to co-operate for the purpose of investigation. Accordingly, he prays to allow the petition.

¶29

Per contra, learned HCGP has opposed the

¶30

petition.

¶31

Perusal of the material on record would go to show that based on credible information received, accused

¶32

No.1 was apprehended and from his possession contraband article allegedly ganja totally weighing 1 Kg and 173 gms was seized and subjected to panchnama.

¶33

4 - NC: 2025:KHC:13807 CRL.P No.3807/2025

¶34

Subsequently, accused No.1 was arrested and remanded to judicial custody. It appears that accused No.1 has made a statement that he and accused No.2 had together brought the contraband article from Mysuru and thereafter, the contraband article was handed over to him for the purpose of sale. Accused No.1 who was arrested in the present case has been granted regular bail by the Jurisdictional Sessions Court in Crl.Misc.No.159/2025. Except the confession statement of accused No.1, there is no other material to connect the petitioner to the crime at this stage. Undisputedly, the petitioner has no other criminal antecedent. He has undertaken to co-operate with the police officers for investigation. The seized contraband article in the present case is of intermediate quantity.

¶35

Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered in the affirmative. Accordingly, the following:

¶36

5 - NC: 2025:KHC:13807 CRL.P No.3807/2025

¶37

ORDER

¶38

The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.10/2025 registered by Ramanagara Town Police Station, Ramanagara, for the offences punishable under Sections 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023,, subject to the following conditions:

¶39

The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.

¶40