Karnataka High Court
Sri Zohan Mistry vs State By on 20 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:10510
CRL.P No. 17080 of 2025
HC-KAR
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)
Digitally signed by AND:
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
COURT OF
1. STATE BY
KARNATAKA INDIRANAGAR POLICE STATION,
INDIRANAGAR,
BENGALURU 560 038
REPRESENTED BY SPP
HIGH COURT BUILDING
BENGALURU-560 001
...RESPONDENT
(BY SRI.M R PATIL, HCGP)
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NC: 2026:KHC:10510
CRL.P No. 17080 of 2025
HC-KAR
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- NC: 2026:KHC:10510 CRL.P No. 17080 of 2025 HC-KAR 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- NC: 2026:KHC:10510 CRL.P No. 17080 of 2025 HC-KAR 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- NC: 2026:KHC:10510 CRL.P No. 17080 of 2025 HC-KAR 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-
NC: 2026:KHC:10510 CRL.P No. 17080 of 2025 HC-KAR
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