IN THE COURT OF THE XXXIII ADDL.CITY CIVIL &
SESSIONS JUDGE & SPL. JUDGE (NDPS), BENGALURU.
CCH.33.
PRESENT:
SMT. B.S. JAYASHREE, LL.M.,
XXXIII ACC & SJ & SPL.JUDGE (NDPS),
BENGALURU.
DATED: THIS THE 22nd DAY OF MARCH 2024
Crl.Misc.No.2258/2024
Petitioner :
(accused No.5)
Arun Kumar, S/o.Nagaraj, 29 years,
No.108, Kanakapura Main road, Near
Anand Timber Kaverinagar,
Banashankari 2nd Stage, Bengaluru
South, Bangalore 560 070.
(By Sri AN., Adv.)
V/S.

Respondent :
State by R R Nagar PS
(By Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by the
petitioner to enlarge him on bail, in Cr.No.37/2024 of R R
Nagar PS., registered for the offences punishable U/Sec.18(b)
of NDPS Act, Sec.195, 201, 120B, 212 R/w. Sec.34 of IPC.

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2. The grounds urged by the petitioner for grant of bail
are as under:
That the petitioner is innocent and law abiding citizen.
He has not committed any offence much less the offences as
alleged.

He had no knowledge of alleged crime and falsely
implanted at the instance of extraneous elements. The name
of the petitioner
does not appear in the FIR or in the
complaint and the case was registered against one Choggaram
and the opium was weighing about 428 grams which was
seized from the possession of Chogaram. The respondent police
after investigation have deleted the name of Chogaram for the
reasons best known to them. Basing on the statement of other
accused, the name of the petitioner was arrayed in the remand
application. Nothing is seized from the present petitioner. The
ingredients of Sec.18(b) of NDPS Act and other offences does
not attract to the present petitioner.

The petitioner is not
selling any contraband article to the public.

Accused No.1
Chogaram was enlarged on bail in Crl.Misc.1419/2024 on the
ground of parity the petitioner is also entitled for bail. There
is no recovery from the present petitioner. He is having deep
CCHн33
Crl.Misc.No.2258/2024
3
roots in the society. He is permanent resident of Bangalore.
The offences alleged against him are not punishable with death
or imprisonment for life.

In the event of grant of bail he is
ready to furnish surety and would coнoperate with the
investigation. Hence, sought to grant bail.
3. The prosecution has filed detail objections.
Initially accused No.1 is prosecuted for possessing opium
to the tune of 428 grams in his scooter. He was arrested.
During the course of investigation he has revealed that he has
not kept opium in his scooter and requested the investigating
agency to check the CCTV footages of the said vicinity.
Accordingly when the CCTV footages were checked there is
movement of two persons on 2.2.2024 at 23.15 am., to 4.05
am., and the said two persons got down from a Maruthi Swift
car and they have entered the house of A1 Chogharam/A1 and
after sometime they came back.

The said car proceeded to
Ideal Homes Shell petrol bunk and they have purchased some
snacks and filled petrol to the car. They have made payment
through online payment. When the phone pay No., is checked,
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the said phone was belonging to Arun Kumar/A5 when the
CDR of the said Arun Kumar/A5 was checked there is phone
conversation between himself and one Punaram/A2, Asif/A3
and Suhail/A4 in the case. Punaram/A2 is the brother of A1
Chogharam. When the said CCTV footages were scrutinized
carefully it is revealed that Arun and Ravi/A6 came near the
house of A1, Arun/A5 and Ravi/A6. Their CDRs were checked
and it is revealed that there is frequent conversation between
the said 4 persons on 2.2.2024, the CCTV footages reveal that
accused Nos.5 and 6 entered the house of Chogharam/A1 and
they have moved around the house of Chogharam/A1 and
waited for several hours nearby the house of Chogharam.
Punaram/A2 is prosecuted in Cr.No.250/2023 of RR Nagar
Police Station for the offences punishable U/s.364A and 394 of
IPC. There is an allegation against Punaram/A2 that he has
kidnapped the son of A1. Accused No.5 is arrested, his
voluntary statement recorded. The investigating agency has
collected the CCTV footages and CDR details which implicates
the involvement of A2 to A6 in the crime. In the event of grant
of bail he is going to abscond and may hamper the
CCHн33
Crl.Misc.No.2258/2024
5
investigation and trial of the case. Hence, sought to reject the
bail plea of petitioner .
4. Heard the arguments of both sides and perused the
records.
5. The points that arise for my consideration are as here
under:
1. Whether petitioner
has made out
sufficient grounds to enlarge him on
bail?
2. What order?
6. My findings on the above points are as under:
Point No.1: In the Affirmative
Point No.2: As per the final order for the following:
REASONS
7. POINT NO.1:н
The Inspector of CCB., submitted a
report before the RR Nagar police station on 2.2.2024 at 20.30
hours, basing on the report PI., CCB a case in Cr.No.37/2024
is registered against accused No.1 Chogharam/A1 @ Suresh
Patil for the offence punishable U/s.18(b) of NDPS Act. In the
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report and in the FIR the allegation against the accused No.1 is
that he was in conscious possession of opium to the tune of
428 grams which is stored in the scooter bearing No.KA 41 EJ
6866 Honda Activa to sell the same to the public. The CCB
police have received information on 2.2.2024 at 10.00 am.,
that one person has stored contraband in his scooter dicky
and he is selling the name near Jawaharlal Nehru road, RR
Nagar, in front of Namma Bakery, Bangalore. After informing
the matter to the higher officer, PI, CCB proceeded to the spot
along with panchas and raiding team. On reaching the spot,
the scooter was found and when the said scooter was
searched, in the said scooter there is opium found stored to
the tune of 428 grams.

The said opium is seized, a detail
mahazar is drawn, accused is arrested, report is submitted
before the R R Nagar police and a case is registered against the
accused No.1 Chogaram. The accused is produced before the
court, IO has sought police custody of the accused and taken
to police custody accused has stated that he has not stored the
contraband in his scooter, some persons who are having
enmity with him have implanted the said article in his scooter.

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CCHн33
Crl.Misc.No.2258/2024
He has requested the IO., to check the CCTV footages of his
house.

As per the say of the accused the CCTV footages
nearby his house and his house were checked.

In the said
CCTV footage some persons were found moving near the house
of accused and information is collected about the implanting of
contraband article in the scooter.

The said CCTV footage is
collected. Further in the CDR details of the accused No.1 no
incriminatory information is revealed about storage and
transport of contraband by him.
7a.

When the investigating agency proceeded with the
investigation of the case it is revealed that accused No.1 had
no role in procuring the contraband and the contraband seized
in the case found in the scooter is not kept by him, it is
implanted by some other person. When they were searching
the CCTV footages of the place it is revealed that one
Punaram/A2, Asif/A3, Suhail/A4, Babu/A7 and Ravi/A6 are
involved in the crime and they have conspired together in
procuring the contraband and to implant the accused in the
case they have planted the same in the scooter of accused
No.1. Further, accused No.1 had given a Maruthi Swift car by
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removing the number plate to the other accused and gave
opium packets and Rs.20,000/н cash and instructed one
Ravi/A6 and Arun Kumar/A5 to keep the contraband article in
the vehicle of A1.
7b. Further, Arun Kumar/A5 i.e., the present petitioner
is arrested by the police on 16.2.2024 and the he has revealed
that as per the instructions of Punaram/A2 he and accused
Ravi/A6 have kept the contraband article in the scooter of A1.
Further he has shown the place where accused herein have
hatched plan to implant A1 in the case i.e., the office of
accused
Punaram/A2
situated
at
Kaderanehalli,
Bendhrenagar, Subaschandra Bose, building No.16.

He has
also shown the house of Chogharam/A1 wherein in the
compound of the house of A1, Honda Activa scooter was found
parked and the contraband article was kept in the scooter.
Further, he has shown the shop of Punaram/A2 where a detail
mahazar is drawn. He has also shown the place where the car
was handed over to him by Punaram/A2.

CCHн33
Crl.Misc.No.2258/2024
9
7c. The investigation officer has collected CDR details of
accused No.2 to 4 wherein accused Nos.2 to 4 have conversed
with one another prior to the commission of incident.
7d.
between
The call details pertaining to the date 2.2.2024 in
accused
Asif/A3,
Suhail/A4
are
collected
and
produced to the court. They have conversed on several
occasions.

Prior to registration of aforesaid crime when the
CDR of accused No.2 is collected he had conversed with the
present petitioner A5, Asif/A3 and Suhail/A4.
8.

On careful scrutiny of the investigation papers, the
accused No.1 is prosecuted for drug trafficking under Sec.18(b)
of NDPS Act. The allegation against him is he was found in
possession of contraband opium when the CCB police
conducted raid. His voluntary statement came to be recorded.
In the voluntary statement he has initially stated that he has
procured contraband to sell the same to the customers. During
further recording of voluntary statement he has stated that
due to fear he has given wrong statement, the persons who are
not in good terms with him might have implanted the
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contraband article in his scooter. Previous to this incident his
son was kidnapped and a case in Cr.No.250/2023 for the
offence punishable U/s.364A and 394 of IPC., against the said
persons who have falsely implanted him in the case and
requested the IO., to check the CCTV footage. The said case
was registered in RR Nagar Police Station, having illнwill they
have planned to implant him in the case.
9.

Basing on the said voluntary statement the CCTV
footages were checked. In the said CCTV footage dated
2.2.2024, 2н3 persons have moved suspiciously nearby the
house of accused No., the DVR of the CCTV footage is seized.
When they have conducted detail investigation in the case case
the persons who were found in the CCTV footage it is revealed
that one Asif/A3, Arun/A5 i.e., the present petitioner and
others have planned to implant the accused No.1 in the case.
During the course of investigation it is further revealed that
the accused persons have filled the petrol to their car and have
made payment through phone pay, basing on the said phone
pay payment and phone No., present petitioner is arrested on
13.2.2024 near Ittamadu Spice Bar.

He in his voluntary
CCHн33
Crl.Misc.No.2258/2024
11
statement has stated that Punaram/A2, Asif/A3 Suhail/A4
and Babu/A7 have instructed him to keep opium in the two
wheeler of accused No.1. He along with one Ravi/A6 had kept
contraband in the vehicle of Chogharam.
10. The accused Nos.2 to 4 & 7 (Punaram, Asif Pasha,
Suhail
Khan
and
Babu)
have
moved
anticipatory
bail
application before this court. During the pendency of the bail
petition accused No.6 is arrested and his statement is
recorded. He has also stated that as per the instructions of
Punaram/A2 he has implanted contraband opium in the
vehicle of accused No.1.

It is also revealed that when the
CCTV footages were checked on 2.2.2024 in between 3.15 am.,
to 4.05 am., a Maruthi swift car came near the house of
Chogharam/A1, three persons were sitting in the car, two
persons got down from the car and went near the compound of
Chogharam/A1, at 4.20 am., they have filled petrol to the car
and made UPI payment, when the said phone No., is checked,
phone No., of present petitioner is revealed, he is arrested on
13.2.2024 at Ittamadu Spice Bar. He has revealed about his
acquaintance with Asif/A3 and Suhail/A4 and to the office of
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Asif/A3 and Suhail, Punaram/A2 was often visiting.

On
1.2.2024 at 6.30 pm., Asif/A3 and Babu/A7 called him over
phone and when he went to the shop of Asif, Suhail, Babu/A7
and Punaram/A2
they have requested for his help in the
matter and they are going to pay Rs.20,000/н Punaram/A2
informed that his relative Chogharam/A1 is troubling a lot in
his business and instructed the present petitioner to keep
opium in the vehicle of A1. He has also given the number of
Honda Activa of A1. The said Punaram/A2 had took present
petitioner
in
his
car
to
the
house
of
Chogharam/A1.

Accordingly, he went with his friend to the house of
Chogharam/A1 and Punaram/A2
had given a tiffen box in
that opium was concealed. As per the instructions of
Punaram/A2 he had went to the house of Chogharam/A1 and
kept the same in the scooter of A1. The present petitioner had
given a sum of Rs.5,000/н to his friend Ravi/A6.

The said
opium was kept in the scooter of Chogharam/A1 at 3.00 am.,
in the morning, after keeping the opium in the scooter of
Chogharam/A1, they came back to petrol bunk purchased
some biscuits and again came back to the house of
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CCHн33
Crl.Misc.No.2258/2024
Chogharam/A1 parked their vehicle near by the house and
called one Babu/A7 to his mobile No.9019344069. They have
waited in the said car and when Chogharam/A1 came out of
his house around 12.00 noon he had called accused Babu/A7
over phone, the said Asif, Suhail/A4 and Babu/A7 had
followed
the
scooter
of
Chogharam,
thereafter,
accused
Ravi/A6 and present petitioner came back to the shop of
Punaram/A2 gave the car key to him, he came to know that
Chogharam/A1 is arrested from CCB police and contraband is
seized from him.

He has further stated that he is going to
show the shop of Chogharam/A1 and place where he has kept
the opium packets in the scooter of A1.
11. The accused No.1 who is arrested by the CCB police
is enlarged on bail by this court on looking to the materials
placed by the investigating agency that he is falsely implanted
in the case.

The anticipatory bail applications of accused
Nos.2 3, 4 & 7 came to be rejected by this court in
Crl.Misc.1645/2024 vide order dated 7.3.2024. According to
the case of prosecution the petitioner herein has implanted the
contraband article in the vehicle of accused No.1 Choggaram
14
as per the instructions of accused No.2.
statement is recorded.

The material information is already
collected by the investigating agency.
the present petitioner
His voluntary
The allegation against
is not punishable with death or
imprisonment for life. He was interrogated by the respondent
police, He was taken to police custody, his statement is
recorded, call details collected, CCTV footages collected. Basing
on the statement of present petitioner other accused in the
case were arrested. Major portion of investigation in the case
is concluded. Further detention of petitioner is not warranted
in the circumstances of the case. If by imposing stringent he is
enlarged on bail it would not in any way hamper the
investigation and trial of the case. In the result, I answer the
point for consideration in the affirmative.
12. Point No.2:н
In the result, I proceed to pass
following:
ORDER
The Petition filed by the petitioner U/Sec.439 of
Cr.P.C is hereby allowed.

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CCHн33
Crl.Misc.No.2258/2024
The petitioner is enlarged on bail on executing
personal bond for a sum of Rs.1,00,000/н with one
surety for the like sum with following conditions.
1.

The petitioner shall give attendance before
the concerned I.O., once in a month i.e.,
preferably on first Monday of every month in
between 10.00 am., to 2.00 pm., till filing of
charge sheet or further orders whichever is
earlier.

2.

He shall not leave the jurisdiction of this
court without prior permission.

3.

He shall not tamper the witness or abscond.

4.

He
shall
coнoperate
investigation.

5.

He shall not commit similar offence or
any offence while on bail.

6.

He shall furnish his photo ID proof and
local address proof document before the
court and photo ID proof of his surety.

7.

He shall appear before the court on all
hearing dates.

8.

Breach of any of the conditions by the
petitioner would entail cancellation of bail.

with
I.O
for
[Dictated to the stenographer, directly on the computer, typed and
computerised by her, corrected, signed and then pronounced by me in
Open Court on this the 22nd of March 2024)
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*