Adada Venkatesh v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14342 OF 2026 BETWEEN:

ADADA VENKATESH S/O ADADA RAJU, AGED 30 YEARS, ANAKAPALLI POST, R/AT DEVARAPALLI VILLAGE, VISHAKAPATNAM TALUK, VISHAKAPATNAM DISTRICT, ANDHRA PRADESH - 531 030. …PETITIONER (BY SRI. CHETHAN A, ADVOCATE) AND:

STATE OF KARNATAKA BY THE INSPECTOR OF POLICE, ROBERTSONPET POLICE STATION, KGF, KOLAR DISTRICT, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE I.E.,

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

ROBERTSONPET POLICE, KGF TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.81/2025, NOW REGISTERED AS SPL.C.NDPS NO.46/2025 PENDING ON THE FILE OF HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE AT KOLAR (SITTING AT KGF), FOR THE OFFENCES P/U/S 20(b)(ii)B OF NDPS ACT, 1985.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.3 in Crime No.81/2025 registered by Robertsonpet Police Station, K.G.F., for the offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.81/2025 was registered by Robertsonpet Police Station, K.G.F., for the aforesaid

offence against Mohamad Ashraf and two others, based on the first information dated 30.07.2025 received from Sri. Naveen P.M., Police Officer attached to Robertsonpet Police Station. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.768/2026 before the jurisdictional Sessions Court, which was rejected on

24.08.2026. Therefore, he is before this Court.

¶4A reading of the first information dated

30.07.2025 would reveal that on the said date, at about 09:30 a.m., when the first informant was in the police station, he had received credible information regarding transportation of the contraband article allegedly ganja in a vehicle bearing registration No.KA-21-C-9247 for the purpose of selling the same to public. Based on such information, the aforesaid vehicle was intercepted and accused No.1-Mohamad Ashraf, who was driving the vehicle, was apprehended and from his possession, the contraband article, allegedly ganja, totally weighing 8 kgs was recovered and seized under a Panchanama.

¶5It appears that during course of interrogation, he had confessed that the contraband article was supplied to him by accused No.2-Fairoz, who, in turn, had purchased the same from an unknown person. It is under these circumstances, FIR was registered against accused No.1-Mohamad Ashraf, accused No.2-Fairoz and an unknown person.

¶6During the course of investigation, accused No.2 was also subsequently arrested. It is not in dispute that no contraband article has been seized from the possession of accused No.2. Investigation of the case is now completed and charge sheet is filed. Accused Nos.1 and 2, who were arrested in the present case have been now enlarged on bail by the Trial Court. The petitioner undisputedly has no other criminal antecedents and only based on the confession statement of the co-accused, he has been arrayed as an accused in the present case.

¶7Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, following : O R D E R

i) The criminal petition is allowed.

ii) 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.81/2025 registered by Robertsonpet Police Station, K.G.F for the offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:

a) 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, out

of which, one shall be local surety, for the likesum to satisfaction of investigating officer.

b) The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) The 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.

d) The petitioner shall not involve in similar offences in future.

Sd/- (S VISHWAJITH SHETTY) JUDGE

SHS List No.: 1 Sl No.: 70