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 26TH DAY OF MARCH 2024
Crl.Misc.No.2816/2024
Petitioners :
(accused No.3, 4 & 7)
1. Asif Pasha @ Asif, S/o.Aslam
Pasha, 36 years, R/at No. 441,
11th Cross, Illiyaz Nagar J P Nagar
Post, Banashankari Bengaluru
560 078.
2. Suhail Khan @ Suheal, S/o.Abdul
Khadar, 33 years, No.346, 7th
Cross, 7th Main, Kaveinagar, New
Colony, BSK II Stage, Bangalore
560 078.
3. Babu @ Ravi Chandra, S/o.Late
Nagaraj, 37 years, No.47, 2nd Main,
KSRTC layout, chikkallasandra,
Bangalore.

(By Sri VK., Adv.)
V/S.
Respondent :
State by R R Nagar PS
(By Public Prosecutor)
2
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by
the petitioners to enlarge them on bail, in Cr.No.37/2024 of
R R Nagar
PS., registered for the offence punishable
U/Sec.18(b) of NDPS Act, Sec.195, 201, 120B, 212 R/w.
Sec.34 of IPC.
2. The grounds urged by the petitioner for grant of bail
are as under:
That the petitioners are innocent and law abiding
citizens.

They have not committed any offence much less
the offences as alleged.

They are having no knowledge of
alleged crime and falsely implanted at the instance of
extraneous elements. The name of the petitioners does not
appear in the FIR or in the complaint and the case was
registered against one Chogaram 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 petitioners were arrayed in
the remand application. Nothing is seized from the present
3
CCHн33
Crl.Misc.No.2816/2024
petitioners. The ingredients of Sec.18(b) of NDPS Act and
the provisions of penal code does not attract to the present
petitioners. The petitioners are 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
petitioners are also entitled for bail.

There is no recovery
from the present petitioners. They are having deep roots in
the society. They are permanent residents of Bangalore. The
offences alleged against them are not punishable with death
or imprisonment for life. In the event of grant of bail they
are 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
4
Maruthi Swift car and they have entered the house of A1
Chogaram/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, 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
Suhail/A4 in the case.

one
Punaram/A2,
Asif/A3
and
Punaram/A2 is the brother of A1
Chogaram. 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.
checked
and
it
is
revealed
that
Their CDRs were
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 Chogaram/A1 and they have moved around the
house of Chogaram/A1 and waited for several hours nearby
the house of Chogaram. 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
5
CCHн33
Crl.Misc.No.2816/2024
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 they are going
to abscond and may hamper the investigation and trial of
the case. Hence, sought to reject the bail plea of petitioners.
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 petitioners have made out
sufficient grounds to enlarge them 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
6
20.30 hours, basing on the report PI., CCB a case in
Cr.No.37/2024
is
registered
against
accused
No.1
Chogaram/A1 @ Suresh Patil for the offence punishable
U/s.18(b) of NDPS Act. In the 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
CCHн33
Crl.Misc.No.2816/2024
7
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.

He has requested the IO.,
footages of his house.

to check the CCTV
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
(the
8
present petitioners) 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
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 is arrested by the police
on 16.2.2024 and the said Arun Kumar/A5 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 Chogaram/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, Arun Kumar/A5 has shown the shop of
9
CCHн33
Crl.Misc.No.2816/2024
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.
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. The call details pertaining to the date 2.2.2024 in
between 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 one
Arun Kumar/A5, Asif/A3 and Suhail/A4. Basing on the
CDR details and the voluntary statement of arrested
accused Arun Kumar/A5, the present petitioners are shown
as accused in the investigation papers.
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
10
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 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 and others have
planned to implant the accused No.1 in the case. During the
11
CCHн33
Crl.Misc.No.2816/2024
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., accused No.5 is arrested on
13.2.2024 near Ittamadu Spice Bar. The said accused No.5
in his voluntary 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
Chogaram.
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 Chogaram/A1, three persons were sitting in the car, two
persons got down from the car and went near the compound
12
of Chogaram/A1, at 4.20 am., they have filled petrol to the
car and made UPI payment, when the phone No., is
checked, phone No., of one Arun Kumar/A5 is revealed, the
said Arun Kumar/A5 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 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 Chogaram/A1 is troubling a lot in
his business and instructed Arun Kumar/A5 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 Arun
Kumar/A5/A5 in his car to the house of Chogaram/A1.
Accordingly, Arun Kumar/A5/A5 went with his friend to the
house of Chogaram/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 Chogaram/A1
and kept the same in the scooter of A1. Arun Kumar/A5
13
CCHн33
Crl.Misc.No.2816/2024
had given a sum of Rs.5,000/н to his friend Ravi/A6. The
said opium was kept in the scooter of Chogaram/A1 at 3.00
am., in the morning, after keeping the opium in the scooter
of Chogaram/A1, they came back to a petrol bunk
purchased some biscuits and again came back to the house
of Chogaram/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 Chogaram/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 Chogaram, thereafter, accused
Ravi/A6 and Arun Kumar/A5 came back to the shop of
Punaram/A2 gave the car key to him, Arun Kumar/A5 came
to know that Chogaram/A1 is arrested from CCB police and
contraband is seized from him. The said Arun Kumar/A5
has further stated that he is going to show the shop of
Chogaram/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
14
falsely implanted in the case.

The anticipatory bail
applications of accused Nos.2 and the present petitioners
who are accused Nos.3, 4 & 7 came to be rejected by this
court in Crl.Misc.1645/2024 vide order dated 7.3.2024.
The petitioners herein were arrested by the police on
13.3.2024.

Their
voluntary
statements
are
recorded.

According to the case of prosecution the petitioner No.2
herein has instructed accused No.4 & 5 to keep the
contraband
article
in
the
vehicle
of
accused
No.1
Choggaram.

Accused Nos.2 and 3 have coнordinated with
accused Nos.4 and 5 to keep the contraband article in the
vehicle of accused No.1.

Further they have conspired
together to implant the accused No.1 in the case by keeping
the contraband article in the scooter, by informing CCB
police about the contraband being carried in the vehicle of
accused No.1. The allegation against the present petitioners
is not punishable with death or imprisonment for life. They
were interrogated by the respondent police, they were taken
to police custody, their statement is recorded, call details
collected, CCTV footages collected. The investigating agency
has arrested accused Nos.2 and 7 along with other accused.

CCHн33
Crl.Misc.No.2816/2024
15
In the voluntary statement accused No.2 has stated that he
with an intention to implicate accused No.1 in the case has
conspired with other accused and implanted opium in the
scooter of accused No.1.
the case is concluded.

Major portion of investigation in
The allegation against the present
petitioners is they have coнordinated with A2 Punaram in
implanting
the
A1/Chogaram.

contraband
article
in
the
vehicle
of
The investigating agency has collected all
the incriminatory materials.

The petitioners herein were
custodially interrogated. Further detention of petitioners is
not warranted in the circumstances of the case. The
allegation against the petitioners is not punishable with
death or imprisonment for life. If by imposing stringent they
are 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.

16
The petitioner is enlarged on bail on executing
personal bond for a sum of Rs.1,00,000/н each with
one surety for the like sum with following conditions.
1.

The petitioners 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.

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

3.

They shall
abscond.

4.

They shall
investigation.

5.

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

6.

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

7.

They shall appear before the court on all
hearing dates.

8.

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

not
tamper
coнoperate
the
with
witness
I.O
or
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 26th of March 2024)
CN/*
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.