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Karnataka High Court
Sri Zohan Mistry vs State By on 20 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
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)
-2-
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
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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
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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
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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.
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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
