IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13899 OF 2025 [(438(Cr.PC) / 482(BNSS)]

BETWEEN:

MR. MOHIT KUMAR MAHITO @ MOHIT H, S/O. HARINDAR MAHITO, AGED ABOUT 28 YEARS, R/A. NO.19, WARD NO.5, JANKI MANDIR, RAMPURA NONIYA TOLA, RAMPURA, DHARBANGA, BIHAR - 847 106.

PRESENTLY RESIDING AT:

NO.2, 1^ST CROSS, 1^ST MAIN, LAKKASANDRA, NEAR AKKAMMA DEVI TEMPLE, BENGALURU SOUTH - 560 030.

…PETITIONER (BY SRI. ARPITH R. REDDY & SRI. MANJUNATHA B.B., ADVOCATES FOR SRI. SUBBA REDDY K.N., ADVOCATE)

Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI AND:

Location: HIGH COURT OF KARNATAKA THE STATE OF KARNATAKA REP. BY SUB-INSPECTOR OF POLICE, BYATARAYANAPURA POLICE STATION, BENGALURU CITY, KARNATAKA REP. BY SPP HIGH COURT BUILDING, BENGALURU - 560 001.

…RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN FIR NO.274/2025 BY THE RESPONDENT POLICE FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 20(b) OF NDPS ACT, 1985 PENDING BEFORE THE XLVI ADDTIIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU ON OR THEIR APPEARANCE BEFORE THE COURT.

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.2 under Section

482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.274/2025 of Byatarayanapura Police Station, registered for offence punishable under Section 20(b) of NDPS Act.

2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent -

State.

3. Learned counsel for petitioner would contend that, the petitioner was not on the spot when accused No.1 came to be arrested who was possessing 375 grams of ganja. Accused No.1 in his voluntary statement has taken the name of this petitioner as a person who was supplying ganja to him. Accused No.1 has also been granted bail. The Special Court has rejected the anticipatory bail petition on the ground that, relying on a decision of ANARUL S.K. Vs. THE STATE OF WEST BENCH in SPECIAL LEAVE TO APPEAL (CRL.) NO.12621/2024 dated 19.09.2024. He submits that, that was order at the time of issuing notice. Subsequently, the said petition has been allowed and the petitioner has been granted anticipatory bail. With these, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for respondent would contend that, 375 grams of ganja has been seized from the possession of accused No.1 and accused No.1 in his voluntary statement has stated that, accused No.2 is supplying ganja to him for sale. The FSL report indicates that, the contraband seized is positive for ganja. The petitioner is required for interrogation. With these, he prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record.

6. As per the case of prosecution, on raid being conducted, accused No.1 was found possessing 375 grams of ganja and the same had been seized. In the voluntary statement of accused No.1 has revealed the name of this petitioner as a person who was supplying ganja to him for sale. The petitioner was not present on the spot at the time of raid. Only his name has been disclosed by accused No.1 in his voluntary statement. No contraband has been seized from the possession of this petitioner. The contraband seized from possession of accused No.1 is a small quantity. The petitioner has undertaken to cooperate with the Police in the investigation. There are no criminal antecedents of the petitioner.

7. Considering all the above aspects, the petitioner is entitled for grant of anticipatory bail with conditions. In the result, the following;

ORDER

The Criminal P