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 2nd DAY OF APRIL 2024
Crl. Misc.No.2855/2024
petitioner :
(accused No.6)
Lakshmi @ Lakshmamma, W/o.late
Krishnappa, 50 years, r/at.No.215D,
1st Main, 6th Cross, Prakashnagar,
Rajajnagar, Bengaluru.
(By Sri CP., Adv.)
V/S.
Respondent :
State by Parappana Agrahara PS.
(By Public Prosecutor)
ORDER
The present petition U/Sec.438 of Cr.P.C., is filed by the
petitioner to enlarge her on bail in the event of arrest in
Cr.No.191/2023 of Parappana Agrahara PS., registered for the
2
offence punishable U/Sec.22(b),21(b) of NDPS Act and U/Sec.
42 of Karnataka Prisons Act and U/Sec. 424 of IPC.
2. The grounds urged by the petitioner for grant of bail
are as under:
That the petitioner is very innocent and law abiding
citizen.
She have not committed any offence much less the
offence as alleged. She has no knowledge of alleged crime and
falsely implanted at the instance of extraneous elements. There
is no material evidence to connect petitioner with the crime.
The name of the present petitioner does not finds place in the
FIR. Basing on the voluntary statement of coaccused, present
petitioner has been arrayed as accused No.6, she is the mother
of accused No.3.
She is permanent resident of the address
stated in the cause title. Though the alleged offence is non
bailable, but is neither punishable with imprisonment for life
or death sentence. The petitioner is ready and willing to abide
by any conditions imposed by this court in the event of grant
of bail.
she is ready to offer surety for her due appearance
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Crl.Misc.No.2855/2024
before this court. She has no bad antecedents. Hence, sought
to grant bail.
3. The objection raised by the prosecution is on 7.6.2023
when the accused No.1 Girish who is in Judicial Custody in
UTP No.4173/2017 in one Crl. Case was produced to the court
and after his return when he was searched, he was found to be
carrying contraband which is 57 grams of brown sugar and 8
mobile phones. When another accused No.2Rambhavan who
is in Judicial Custody in UTP No.7815/2022 was produced to
the court and after his return when he was subjected to search
he was found in possession of one keypad mobile phone and
one USB cable. The jail superintendent has filed a complaint
before the Parappana Agrahara police and case has been
registered against accused Nos.1 and 2 in Cr.No.199/2023 for
the offence punishable U/s.22(b) & 21(b) of NDPS Act, Sec.42
of Karnataka Prisons Act and Sec.424 of IPC. The said articles
were seized and were noted in the PF. The accused No.1 was
produced to the court and taken to police custody.
During
interrogation of accused No.1 he has stated that he was in
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urgent need of money i.e., Rs.20,000/ and requested one
Muniraju @ Abigowda who is a convicted prisoner in CTP
No.12769. The said Muniraju has assured the accused No.1
that he is going to get money to him and had informed him
that when he is produced to court in relation to his case his
friend Nisthanth @ Joy is going to give mobile phones and
brown sugar and if he bring the said articles to jail he would
be given Rs.20,000/. A1 has agreed. On 7.6.2023 accused
No.1 was produced before CCH72 for trial, at that time he has
collected mobile phones and brown sugar from A5 and A2 also
collected the aforesaid articles from A5 and brought the same
to jail. He has also stated about the involvement of A7 and A8
jail staff in transporting the said articles to jail.
On 15.6.2023, A5 is arrested by the investigating agency.
He has stated in his statement that as per the instructions of
A1 he has send mobile phones and brown sugar on collecting
from the mother of MunirajuA3 i.e., the present petitioner and
he along with A7 has handed over the said articles to A1 in the
court. Escort police Umesh–A8 had assisted her in collecting
the said articles. Basing on the said statement, A7 is arrested
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Crl.Misc.No.2855/2024
on 15.6.2023 who has stated in his statement that he has sent
a sum of Rs.5000/ to the account of A8 as per the
instructions of A5. Thereafter, A8 is arrested, his statement is
also recorded.
He has stated that accused No.7 has sent a
sum of Rs.5000/ through phonepay and he has assisted her
in handing over the mobile phones and brown sugar packets to
A1 in the court toilet. The allegation against the present
petitioner is she is the mother of accused No.3 and near her
house A12 had concealed mobile phone and contraband
article, the present petitioner alleged to have assisted accused
No.3 in supplying the contraband article to other accused. The
offence alleged against the petitioner is non bailable. There is
a primafacie case available against the petitioner.
In the
event of grant of bail, she would abscond and may hamper the
investigation. 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:
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1. Whether petitioner has made out
sufficient grounds to enlarge her 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: The Jail Superintendent has presented a
complaint before Parapanna Agrahara police alleging transport
of contraband and mobile phones by the accused who are in
UTP Nos., to the jail. The gist of the allegation reads as here
under:
7a. On 7.6.2023 when the accused No.1 Girish who is
in Judicial Custody in UTP No.4173/2017 in one Crl. Case was
produced to the court and after his return when he was
searched, he was found to be carrying contraband which is 57
grams of brown sugar and 8 mobile phones.
When another
accused No.2Rambhavan who is in Judicial Custody in UTP
No.7815/2022 was produced to the court and after his return
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Crl.Misc.No.2855/2024
when he was subjected to search he was found in possession
of one keypad mobile phone and one USB cable. The jail
superintendent has filed a complaint before the Parappana
Agrahara police and case has been registered against accused
Nos.1 and 2 in Cr.No.199/2023 for the offence punishable
U/s.22(b) & 21(b) of NDPS Act, Sec.42 of Karnataka Prisons
Act and Sec.424 of IPC. The said articles were seized and were
noted in the PF. The accused No.1 was produced to the court
and taken to police custody. During interrogation of accused
No.1 he has stated that he was in urgent need of money i.e.,
Rs.20,000/ and requested one Muniraju @ Abigowda who is a
convicted prisoner in CTP No.12769. The said Muniraju has
assured the accused No.1 that he is going to get money to him
and had informed him that when he is produced to court in
relation to his case his friend Nisthanth @ Joy is going to give
mobile phones and brown sugar and if he is bring the said
articles to jail he would be given Rs.20,000/. A1 has agreed.
On 7.6.2023 accused No.1 was produced before CCH72 for
trial, at that time he has collected mobile phones and brown
sugar from A5 and A2 also collected the aforesaid articles from
8
A5 and brought the same to jail. He has also stated about the
involvement of A7 and A8 jail staff in transporting the said
articles to jail.
On 15.6.2023, A5 is arrested by the
investigating agency. He has stated in his statement that as
per the instructions of A1 he has send mobile phones and
brown sugar collecting from the mother of MunirajuA3 and he
along with A7 has handed over the said articles to A1 in the
court. Escort police Umesh–A8 had assisted her in collecting
the said articles. Basing on the said statement, A7 is arrested
on 15.6.2023 who has stated in his statement that he has sent
a sum of Rs.5000/ to the account of A8 as per the
instructions of A5. Thereafter, A8 is arrested, his statement is
also recorded.
He has stated that accused No.7 has sent a
sum of Rs.5000/ through phonepe and he has assisted her in
handing over the mobile phones and brown sugar packets to
A1 in the court toilet. A3 is taken to police custody. He has
stated that as per the instructions of A11 who has assured
him of getting him Rs.5000/ he by colluding with A1, A5, A7,
A8 and A12 has assisted in transported mobile phone and
contraband.
A2 was also taken to police custody.
He has
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Crl.Misc.No.2855/2024
stated that as he was in need of money he has requested A4
who is in UTP No.10307/2022 who in turn has said that when
A2 is produced to the court A9 and A10 would hand over the
mobile phone and charge cable and he will sell the same in the
jail and would share the sale proceeds with him. Accordingly,
on 7.6.2023 when A2 is produced before FTSC3 court, the girl
friend of A2 who is an juvenile in conflict with law in another
case has handed over her mobile phone to A9 and A10 who
have handed over phone and charge cable to the A2.
Thereafter, A9 & A10 was arrested, their statements recorded.
she have stated that
she have handed over the phone to
Geetha the friend of A2. The accused No.1, 2 & 4 are under
trial prisoners and A3 is a convicted prisoner. A5, A7, A8, A9
were arrested by the investigating agency.
In the voluntary
statement of A3 he has stated that as per the instructions of
the petitioner No.1 he has instructed A1 and A2 to collect
mobile phones and contraband from other accused. On
collecting the said articles the present petitioner No.1 is going
to pay him Rs.5,000/ At the time of return of A1 and A2 to
Judicial Custody where they were searched brown sugar and
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mobile phones were recovered from them. Brown sugar seized
in the case is 57 grams which is intermediary in nature.
8. The allegation made against the present petitioner is
A12 had concealed mobile phone and contraband article near
the house of present petitioner, the present petitioner alleged
to have assisted accused No.3 in supplying the contraband
article to other accused. She is the mother of accused No.3.
On looking to the allegation the petitioner is no way connected
in
regard
to
procurement
of
incriminatory articles in the case.
prime accused in the case.
contraband
and
She had no nexus with
The recovery of incriminatory
article is already effected from other accused.
interrogation
of
petitioner
other
is
not
Custodial
warranted
in
the
circumstances of the case. If the present petitioner is required
for interrogation, if by imposing stringent conditions
she is
directed to appear before the IO., for the purpose of
investigation it would suffice the apprehension of prosecution.
As per the information provided by the petitioner
she is
permanently residing in the address shown in the cause title.
The apprehension of the prosecution that
she may abscond
CCH33
Crl.Misc.No.2855/2024
11
and may protract the investigation could be compensated by
imposing stringent conditions.
In the result, I answer the
point for consideration in the affirmative.
9. Point No.2: In the result, I proceed to pass following:
ORDER
The Petition filed by the petitioner U/Sec.438 of
Cr.P.C is hereby allowed.
The respondent police is directed to release the
petitioner
on
bail
in
the
event
of
her
arrest
in
Cr.No.191/2023 of Parappana Agrahara Police Station for
the offence punishable U/s.22(b),21(b) of NDPS Act and
U/Sec. 42 of Karnataka Prisons Act and U/Sec. 424 of
IPC
on
executing
personal
bond
for
a
sum
of
Rs.1,00,000/ with one surety for the like sum with
following conditions:
1)
She shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with facts of the case, so as to
dissuade him from disclosing such facts to
the Court or to any police officer.
2)
She shall attend before the Court on all dates
of hearing without fail and shall not leave the
jurisdiction of this court till the conclusion of
trial without prior permission of this court.
3)
She shall not threaten or try to tamper with
the prosecution witnesses in any manner.
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4)
She shall not commit similar offence or
any offence while on bail.
5)
She shall furnish his photo ID proof and photo
identity proof of their surety.
6)
Breach of any of the conditions by the
petitioner would entail cancellation of bail.
[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 2nd day of April 2024]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.