SRI RUSHAN ALI vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61538
CRL.P No. 15218 of 2026
CNR: KAHC010675932026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 15218 OF 2026
(439(Cr.PC) / 483(BNSS))
BETWEEN:
SRI. RUSHAN ALI
S/O LATE MUKRAM ALI,
AGED ABOUT 28 YEARS,
R/AT ABOVE FINANCE OFFICE,
NEAR MUTHYALAMMA TEMPLE,
SETFINS ROAD, SHIVAJINAGAR,
BENGALURU-560 001.
…PETITIONER
(BY SRI. MANOJ S N., ADVOCATE)
AND:
STATE OF KARNATAKA
BY CCB POLICE, BENGALURU CITY,
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
OFFICE OF THE ADVOCATE GENERAL,
HIGH COURT BUILDING,
BENGALURU-560 001.
…RESPONDENT
(BY SRI. RAHUL RAI K., HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 CR.P.C (U/S
Digitally
signed by
SUMA B N
Location:
HIGH COURT
OF
KARNATAKA
483 BNSS) PRAYING TO PASS AN ORDER GRANTING REGULAR
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HC-KAR
NC: 2026:KHC:61538
CRL.P No. 15218 of 2026
CNR: KAHC010675932026
BAIL THEREBY DIRECTING THE RESPONDENT POLICE TO
RELEASE THE PETITIONER/ACCUSED NO.2 IN
SPL.CC.NO.2249/2025 ARISING OUT OF CR.NO.29/2025
REGISTERED BY CCB POLICE, BENGALURU CITY, FOR THE
OFFENCES P/U/S 8(c),20(b)(ii)(A),20(b)(ii)(B),20(b)(ii)(C) OF
NDPS ACT, 1985, PENDING BEFORE THE XXXIII ADDL. CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS)
BENGALURU (CCH-33) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.2 in Special C.C.No.2249/2025 pending
before the Court of XXXIII Additional City Civil and
Sessions Judge and Special Judge (NDPS), Bengaluru,
arising out of Crime No.29/2025, registered by CCB
Police, Bengaluru for the offences punishable under
Sections 8(c), 20(b)(ii)(A), 20(b)(ii)(B) and 20(b)(ii)(C)
of the Narcotic Drugs and Psychotropic Substances Act-
(NDPS) Act, 1985 is before this Court in this successive
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HC-KAR
NC: 2026:KHC:61538
CRL.P No. 15218 of 2026
CNR: KAHC010675932026
bail application filed under Section 483 of BNSS 2023
seeking the regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.29/2025 was registered by the CCB
Police Bengaluru, for the offences punishable under
Sections 8(c), 20(b)(ii)(A), 20(b)(ii)(B) and 20(b)(ii)(C)
of NDPS Act against Kashif and the petitioner herein,
based on the first information dated 21.04.2025 received
from Manjappa C.A., Police Officer attached to CCB Police
Bengaluru. In the said case, petitioner was arrested on
21.04.2025 and remanded to judicial custody. His bail
application filed before the Trial Court was rejected.
Therefore, he had earlier approached this Court in
Criminal Petition No.2219/2026, which was dismissed as
not pressed on 12.08.2026 with liberty to the petitioner
to file a fresh bail application before the trial Court, after
Special Case No.3/2025 pending before the Court of
Principal District and Sessions Judge, Chikkaballapura is
disposed of. Subsequently, petitioner had filed a fresh
bail application before the Trial Court in Criminal
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HC-KAR
NC: 2026:KHC:61538
CRL.P No. 15218 of 2026
CNR: KAHC010675932026
Miscellaneous No.8741/2026 which was rejected on
18.09.2026. Therefore, petitioner is before this Court.
4. Learned counsel for the petitioner submits that allegation
against accused Nos.2 and 3 are similar in the charge
sheet. Accused No.3 has been granted regular bail by this
Court in Criminal Petition No.1382/2026 on 11.03.2026.
Since the petitioner was involved in another case pending
before the Court of Principal District and Sessions Judge,
Chikkaballapur in Special Case No.3/2025, his earlier bail
application was rejected with liberty to approach afresh
after disposal of Special Case No.3/2025. Petitioner has
been now acquitted in Special Case No.3/2025.
Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP who has opposed the petition,
does not dispute the submission made by the learned
counsel for petitioner.
6. The reading of the charge sheet allegation would reveal
that accused Nos.2 and 3 were apprehended and from
their possession contraband article-Ganja totally weighing
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HC-KAR
NC: 2026:KHC:61538
CRL.P No. 15218 of 2026
CNR: KAHC010675932026
23 kgs 645 grams was recovered and seized under
panchanama. During the course of investigation it
appears that accused Nos.2 and 3 had stated that they
had brought the contraband article at the instance of
accused No.1 with whom they were indulged in the illegal
business of selling contraband article to the public and it
is under these circumstances charge sheet was filed
against three persons. Accused No.3 as against whom
similar allegations are found in the charge sheet has been
granted regular bail by the Co-ordinate Bench of this
Court in Criminal Petition No.1382/2026 on 11.03.2026.
In the only other criminal case which was pending against
the petitioner before the Court of Principal District and
Sessions Judge in Special Case No.3/2025, he has been
now acquitted. Under the circumstances, this Court is of
the opinion that the prayer for grant of regular bail needs
to be answered in the affirmative subject to appropriate
conditions. Accordingly, following:
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HC-KAR
NC: 2026:KHC:61538
CRL.P No. 15218 of 2026
CNR: KAHC010675932026
ORDER
allowed
The Criminal petition is . The petitioner is
directed to be enlarged on bail in Spl.C.C.No.2249/2025
pending before the Court of XXXIII Additional City Civil
and Sessions Judge and Special Judge (NDPS),
Bengaluru, arising out of Crime No.29/2025 of CCB
Police, Bengaluru, registered for the offences punishable
under Sections 8(c), 20(b)(ii)(A), 20(b)(ii)(B) and
20(b)(ii)(C) of NDPS Act, 1985 subject to the following
conditions:
a) Petitioner shall execute a personal bond for a
sum of Rs.1,00,000/- with two sureties for the
likesum, to the satisfaction of the jurisdictional
Court;
b) The petitioner shall appear regularly on all the
dates of hearing before the Trial Court unless the
Trial Court exempts his appearance for valid
reasons;
c) The petitioner shall not directly or indirectly
threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar
offences in future;
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CRL.P No. 15218 of 2026
CNR: KAHC010675932026
e) The petitioner shall not leave the jurisdiction
of the Trial Court without permission of the said
Court until the case registered against him is
disposed off.
SD/-
(S VISHWAJITH SHETTY)
JUDGE
SBN
List No.: 1 Sl No.: 54