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 9th DAY OF DECEMBER 2022
Crl.Misc.No.11693/2022
Petitioner :
(accused)
A.Karagappa S/o.late Annaiappa, a/a
53 years, No.53, Meesaganahalli
Village, Bandikodigehalli Panchayat,
Jala Hobli, Bengaluru North 562149
(By Sri Nagaraja.S.A., Adv.)
V/S.
Respondent :
State by Excise sub Division
Subramanyanagar PS
(By Public Prosecutor)
ORDER
The present petition U/Sec.438 of Cr.P.C., is filed by the
petitioner to enlarge his on bail, in the event of his arrest in
Cr.No.15/202122/3603
DYSE
of
Excise
Sub
Division,
2
Subramanyanagar PS., registered for the offence punishable
U/Sec.8(c), 22 and 25 of N.D.P.S. Act.
2. The grounds urged by the petitioner for grant of bail
are as under:
A false case has been foisted against accused No.1. The
name of the petitioner does not finds place in the FIR. The
present petitioner is no way connected to the crime. He is the
owner of the building in which accused no.1 is residing as a
tenant. He apprehends imminent threat of arrest in the hands
of complainant. The petitioner is ready and willing to abide by
any conditions imposed by this court in the event of grant of
bail. he is ready to offer surety for his due appearance before
this court. he has no bad antecedents. he is the sole bread
earner of his family. Hence, sought to grant bail.
3. The objection raised by the prosecution is that the
investigating agency has seized 60 grams of MDMA from the
possession of accused No.1. A detailed mahazar is drawn in
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the spot.
CCH33
Crl.Misc.No.11693/2022
The offence alleged against accused No.1 is
punishable with rigorous imprisonment for a term which shall
extend upto 10 years. There is a primafacie case available
against the present petitioner. he is seeking anticipatory bail.
Investigation is pending. In the event of grant of bail, he would
abscond and may hamper the investigation. Hence, sought to
reject the claim 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 the petitioner has made out
satisfactory grounds to entertain his
claim for anticipatory 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:
4
REASONS
7. POINT NO.1: On 06012022 the respondent Excise
police
have
registered
a
case
against
one
Nihas
in
Cr.No.15/202122/3603 DYSE for the offence punishable
U/s.8(c), 22 and 25 of N.D.P.S. Act.
He was arrested,
produced before court and was remanded to judicial custody.
The allegation against accused No.1 is he is carrying 60 grams
of MDMA
in a two wheeler bearing No.KL 71 H 4742. The
Excise Inspector had received information on 6.1.2022 at
about 5.10 pm., a person is carrying contraband in a vehicle
on West of Chord Road, near ISKON temple. The complainant
along with his staff and panchas went to the spot and
intercepted the accused. On search of the vehicle 60 grams of
MDMA was found and seized under a detail mahazar. Accused
No.1 was arrested and produced before the court and
remanded to judicial custody.
8.
On careful consideration of prosecution papers one
Nihas is found to be carrying 60 grams of MDMA. He was
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CCH33
Crl.Misc.No.11693/2022
apprehended with the said MDMA by the investigating agency,
During investigation he has stated that he is residing in the
building of the present petitioner as a tenant.
Except this
there is no allegation against the present petitioner that he is
involved in transportation of contraband.
At this stage, on
scrutiny of the prosecution papers there is no material
available on record that the present petitioner is actively
involved in transporting the contraband along with the
accused No.1 herein.
9. On looking to the allegations and the notice issued by
the investigating agency for the appearance of the petitioner
before them for investigation it appears that there is imminent
threat of arrest in the aforesaid case. Therefore, if by imposing
conditions the petitioner is extended the benefit of anticipatory
bail, it would not in any way effect the process of investigation.
As per the information provided by the petitioner, he is
permanently residing in the address shown in the cause title.
The apprehension of the prosecution that he may abscond and
may protract the trial could be compensated by imposing
6
stringent conditions.
In the result, I answer the point for
consideration in the affirmative.
10. 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 his arrest in
Cr.No.15/202122/3603
Excise Subramanyanagar
DYSE
of
Inspector
of
Police Station for the
offences punishable U/s.22 and 25 & 8(c) of NDPS
Act, on executing personal bond for a sum of
Rs.50,000/ with one surety for the like sum with
following conditions:
1)
The petitioner shall not directly or indirectly
make any inducement, threat or promise to
any person acquainted with facts of the case,
so as to dissuade his from disclosing such
facts to the Court or to any police officer.
2)
He shall mark his attendance before the
concerned IO on every first Sunday of the
month between 10.00 am., to 5.00 pm., till
filing of the charge sheet or further orders
which ever is earlier.
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CCH33
Crl.Misc.No.11693/2022
3)
He 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.
4)
He shall not threaten or try to tamper with
the prosecution witnesses in any manner.
5)
He shall not commit similar offence or
any offence while on bail.
6)
He shall furnish his photo ID proof and photo
identity proof of their surety.
7)
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 9th day of December 2022].
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
CN/*