YASMEEN NAAZ vs THE STATE THROUGH
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11216
CRL.P No. 201380 of 2026
CNR: KAHC030106412026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201380 OF 2026
(439(Cr.PC)/483(BNSS)-)
BETWEEN:
YASMEEN NAAZ
W/O MOHMMED SIKANDAR,
AGE : 33 YEARS,
OCC : HOUSEHOLD,
R/O: MAGDOOMJI COLONY,
BIDAR - 585 403.
…PETITIONER
(BY SRI S.M.RANE, ADVOCATE
AND SRI SIDDARTHA MARLINGAPPA, ADVOCATE)
AND:
THE STATE THROUGH,
GANDHI GUNJ POLICE STATION, BIDAR,
REP., BY ADDL. PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 105.
…RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 483 OF BNSS (439
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
OF CR.P.C), PRAYING TO ALLOW THE REGULAR BAIL PETITION
AND RELEASE THE PETITIONER ON BAIL IN CRIME
NO.96/2026 OF GANDI GUNJ POLICE STATION, BIDAR FOR
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HC-KAR
NC: 2026:KHC-K:11216
CRL.P No. 201380 of 2026
CNR: KAHC030106412026
THE OFFENCE PUNISHABLE UNDER SECTIONS 20(B) (II) (C) OF
NDPS ACT, 1985, THAT THE CASE PENDING BEFORE PRL.
DIST. AND SESSIONS JUDGE, BIDAR IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard learned counsel for the petitioner and also
learned High Court Government Pleader (for short
‘HCGP’) for the respondent on the petition. Perused the
relevant materials on records.
2. This petition is filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 praying to
release the petitioner on bail in the case in Crime
No.96/2026 of the respondent Police for the offence
punishable under Section 20(b)(ii)(C) of Narcotic Drugs
Psychotropic Substances Act (for short ‘NDPS Act’).
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HC-KAR
NC: 2026:KHC-K:11216
CRL.P No. 201380 of 2026
CNR: KAHC030106412026
3. Learned HCGP has orally objected to the
petition submitting that there is prima facie case against
the petitioner for the alleged offence. The petitioner was
involved in similar offences. The investigation is yet to
be completed in the case. If the petitioner is released on
bail, there is chance of her tampering with prosecution
witnesses and hampering further investigation of the
case. There is also chance of the petitioner involved in
similar offences. Therefore, the learned HCGP has
sought for dismissal of the petition.
4. The case alleged against the petitioner is that
on 28.05.2026 at about 01.15 p.m., when the
complainant was in the Police Station, he received
credible information that there was stock of Ganja in
the house of Shakeel situated in Sangameshwar Colony,
Bidar. On the same day at about 08.30 p.m. the
complainant along with staff and Panchas raided spot
and found the petitioner in possession of Ganja
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HC-KAR
NC: 2026:KHC-K:11216
CRL.P No. 201380 of 2026
CNR: KAHC030106412026
weighing 38.476 kgs in her house. On enquiry, she
disclosed that she purchased the said Ganja from the
accused No.2. Hence, the petitioner is allegedly
committed the offence.
5. Learned counsel for the petitioner has
submitted that the petitioner is innocent of the offence
alleged against her and she has not committed any
offence. Per contra , as submitted by the learned HCGP,
the investigation is at the initial stage and it is yet to be
completed. Hence, the contention of the learned counsel
for the petitioner that the petitioner is innocent of the
offence alleged against her does not merit consideration.
6. However, the submission of the learned
counsel for the petitioner is that the petitioner was
involved in similar cases earlier in Special Case
No.1272/2023 arising out of Crime No.120/2023 of the
respondent Police Station and she was acquitted of the
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HC-KAR
NC: 2026:KHC-K:11216
CRL.P No. 201380 of 2026
CNR: KAHC030106412026
offences as per the judgment dated 17.08.2026. The
petitioner was also the accused in Special Case
No.216/2025 arising out of Crime No.117/2025 and the
petitioner was discharged of the alleged offences in the
said case. Hence, it is submitted by the learned HCGP
that in view of the said materials on record, it is not
desirable on the part of this Court to come to the
conclusion that the petitioner is innocent of the offences
alleged against her.
7. However, even if it is accepted for the sake of
arguments that there is prima facie case against the
petitioner for the alleged offence, the said offence is not
punishable with death or life imprisonment. Moreover,
even though the alleged offence is exclusively triable by
the learned Special Judge, t he maximum punishment
for the alleged offence is imprisonment for a term which
shall not be less than 10 years but which may extend to
20 years. The petitioner is woman and hence, as per the
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NC: 2026:KHC-K:11216
CRL.P No. 201380 of 2026
CNR: KAHC030106412026
provision of Section 480 of BNSS, the petitioner is
entitled to bail.
8. Further, the petitioner is permanent resident
of Magdoomji Colony, Bidar within the jurisdiction of
the Court of learned Sessions Judge. Any of the
apprehensions of the learned HCGP can be suitably met
with by imposing proper and necessary conditions on
the petitioner making her to assist the Investigating
Officer in further investigation of the case and also
assist the trial Court in trial of the case.
9. Mere fact that the similar cases were
registered against the petitioner cannot be ground at
this stage to come to conclusion that the petitioner is an
habitual offender. There is no any special ground made
out by the respondent Police to deny bail the petitioner.
Hence, the petitioner is entitled to bail as sought for and
consequently, this petition deserves to be allowed.
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HC-KAR
NC: 2026:KHC-K:11216
CRL.P No. 201380 of 2026
CNR: KAHC030106412026
10. In the result, I proceed to pass the following:
ORDER
i. The Criminal Petition is allowed.
ii. Consequently, the petitioner/ accused No.1
shall be enlarged on bail in the case in Crime
No.96/2026 of the respondent Police for the
offences punishable under Sections
20(b)(ii)(C) of Narcotic Drugs Psychotropic
Substances Act on her executing personal
bond for Rs.2,00,000/- with two sureties for
the like sum to the satisfaction of the learned
Special Judge, subject to the following
conditions that:
a) The petitioner shall appear before the
Investigating Officer as and when
required and she shall assist the
Investigating Officer in further
investigation of the case.
b) She shall appear before the learned
Special Judge as and when required till
disposal of the case and assist the trial
Court in trial of the case.
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NC: 2026:KHC-K:11216
CRL.P No. 201380 of 2026
CNR: KAHC030106412026
c) She shall not tamper with prosecution
witnesses and also shall not hamper
further investigation and trial of the
case in any manner, and
d) She shall not commit similar offences or
any offence during the pendency of
case.
If the petitioner violates any of the conditions of
bail, the bail granted in her favour shall stand cancelled.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
RSP
List No.: 1 Sl No.: 12