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Sarthak Sharma v. State of Karnataka

Karnataka HC11 Jul 2025CRL.P/7961/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS 2023; Section 438 CrPC; NDPS Act 1985 Sections 8(c), 20(b)(ii)A, 20(b)(ii)B, 27, 27(a); Crime No.67/2024 CCB Bengaluru; petitioner not arrayed as accused; confession statement of accused no.2; no criminal antecedents; accused nos.1 & 2 on bail; Crl.Misc. No.3499/2024 dismissed 22.05.2025; personal bond Rs.1,00,000/- two sureties; High Court of Karnataka; Justice S Vishwajith Shetty; decided 11-07-2025; petition allowed.

What did the court decide?

Anticipatory bail: release in the event of arrest in Crime No.67/2024 (CCB Bengaluru City Police) subject to conditions, including execution of a personal bond of Rs.1,00,000/- with two sureties for the likesum and appearance before the Investigating Officer within 15 days. ¶40

Sarthak Sharma Vs State of Karnataka — Narcotics (NDPS) | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in Crime No.67/2024 of CCB Bengaluru City Police for offences under Sections 20(b)(ii)A, 8(c), 20(b)(ii)B, 27(a), 27 of NDPS Act, 1985.

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Court's answer

Since it is not in dispute that the petitioner is not arrayed as accused in the case, undisputedly has no criminal antecedents, accused nos.1 & 2 arrested in the case stand enlarged on bail, and the petitioner has undertaken to cooperate with the police for the investigation, his prayer for grant of anticipatory bail is required to be answered affirmatively.

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Ratio / Principle

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.67/2024, subject to conditions including appearance before the Investigating Officer within 15 days with a personal bond of Rs.1,00,000/- and two sureties for the likesum, regular appearance before the Trial Court, no tampering with prosecution witnesses, cooperation with the police, and abstention from similar offences.

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Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of BNSS, 2023 granted to a person not arrayed as an accused in Crime No.67/2024 of CCB, Bengaluru City Police (offences under Sections 20(b)(ii)A, 8(c), 20(b)(ii)B, 27(a), 27 of NDPS Act, 1985). The petitioner, who had no criminal antecedents and undertook to cooperate with the investigation, was sought to be interrogated on the strength of the confession statement of accused no.2; arrested accused nos.1 and 2 stood already enlarged on bail, and the State did not dispute these facts. His earlier Crl. Misc. No.3499/2024 had been dismissed by the jurisdictional Sessions Court on 22.05.2025. Bail granted on conditions: appearance before the Investigating Officer within 15 days with personal bond of Rs.1,00,000/- and two sureties for the likesum; regular appearance before the Trial Court; no tampering with prosecution witnesses; cooperation with the police; and abstention from similar offences.

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NC: 2025:KHC:25622 CRL.P No. 7961 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 7961 OF 2025

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BETWEEN:

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SARTHAK SHARMA S/O KAILASH CHAND SHARMA AGED ABOUT 28 YEARS R/AT 3C, 3RD FLOOR NO.664, AECS LAYOUT-C BLOCK BENGALURU - 560 037.

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…PETITIONER

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(BY SRI S. NAGENDRA DIKSHIT, ADV.)

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AND:

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA BY CENTRAL CRIME BRANCH N.T. PETE, BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI RANGASWAMY R, HCGP)

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THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT THE RELIEF OF ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT CCB POLICE TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN THEIR CR.NO.67/2024, CCB BANGALOER POLICE STATION, FOR THE OFFENCES P/U/S 8(c),20(b)(ii) (A) (B),27,27(a) OF NDPS ACT, 1985, PENDING ON THE FILE OF HONBLE XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES (CCH35), AT BENGALURU.

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

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NC: 2025:KHC:25622 CRL.P No. 7961 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Petitioner who is apprehending arrest in Crime No.67/2024 registered by CCB, Bengaluru City Police, Bengaluru City, for the offences punishable under Sections 20(b)(ii)A, 8(c), 20(b)(ii)B, 27(a), 27 of NDPS Act, 1985, is before this Court under Section 482 of BNSS, 2023.

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Heard the learned Counsel for the parties.

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FIR in Crime No.67/2024 was registered by CCB, Bengaluru City Police, Bengaluru City, for the aforesaid offences against Fayis.M. and others based on the first information dated 13.11.2024 received from Lakshminarayana - Police Officer attached to CCB Police Station, Bengaluru. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.3499/2024 before the jurisdictional Sessions Court, which was dismissed on 22.05.2025. Therefore, petitioner is before this Court.

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Learned Counsel for the petitioner submits that petitioner

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is not arrayed as accused in the present case. The accused

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HC-KAR

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named in the FIR have been already enlarged on bail. Petitioner

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has no criminal antecedents. He is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP who has opposed the petition, does not dispute the submission made by the learned Counsel for the petitioner. She submits that in view of the statement made by accused no.2 during the course of interrogation, petitioner is required to be interrogated. It is only for the said purpose, he has been issued with the inquiry notice.

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It is not in dispute that petitioner is not arrayed as

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accused in the present case and undisputedly, he has no criminal antecedents. Learned HCGP, on instructions, submits that only based on the confession statement of accused no.2, petitioner is summoned for the purpose of investigation. Accused nos.1 & 2 who were arrested in the present case are said to have been enlarged on bail. Petitioner has undertaken to cooperate with the police for the investigation. Therefore, I am of the opinion that petitioner's prayer for grant of

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HC-KAR

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anticipatory bail is required to be answered affirmatively. Accordingly, the following order:

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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.67/2024 registered by CCB, Bengaluru City Police, Bengaluru City, for the offences punishable under Sections 20(b)(ii)A, 8(c), 20(b)(ii)B, 27(a), 27 of NDPS Act, 1985, subject to the following conditions:

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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.

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Petitioner shall regularly appear before the

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Trial Court without fail unless exempted by the Trial Court for valid reasons.

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Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

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NC: 2025:KHC:25622 CRL.P No. 7961 of 2025

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HC-KAR

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