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 7th DAY OF JANUARY 2023
Crl. Misc.No.12627/2022
Petitioner :
(accused No.2)
Bharath @ Child Bharath,
S/o.shankar, 26 years, No.847, I Main
rod, 9th Cross, Muneshwara Badavane,
Laggere, Bengaluru.
Permanent at:н
Hosakere village, Amruthuru Hobli,
Kunigal Taluk, Tumkur district.

(By Sri.PR, Adv.)
V/S.

Respondent :
State by Rajagopalanagara 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.433/2022 of
Rajagopalnagar PS., registered for the offence punishable
U/Sec.25(1B)
(B)
of
R/w.Sec.379 of IPC .

ARMS
Act,
22(c)
of
NDPS
Act
2
2. The grounds urged by the petitioner for grant of bail
are as under:
That the petitioner is innocent and law abiding
citizens. He has not committed any offence much less the
offence as alleged. The petitioner is no way connected to the
case. The petitioner hails from respectable family. MDMA
seized from the possession of accused No.1. This petitioner
is arrested on the statement of coнaccused. Nothing has
been seized from the present petitioner. He has been falsely
implicated by the respondent in this case.

Though the
alleged offences are non bailable, but is neither punishable
with imprisonment for life or death sentence. The procedure
contemplated
recovery.

under
N.D.P.S.

Act
not
followed
while
The petitioner is permanent resident of the
address shown in the cause title. 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. Hence, sought to grant
bail.

3. The prosecution while opposing the bail petition
contended that the I.O has seized 50.52 grams of MDMA
3
CCHн33
Crl.Misc.No.12627/2022
from accused Nos.1 and 2. The offences alleged against the
petitioner is punishable with rigorous imprisonment for a
term upto 10 years and shall also be liable to fine. There is
a primafacie case available against the petitioner. He is
habitual drug dealers. There is primafacie case made out
against petitioner. If petitioner is released on bail, he will
continue the profession of narcotic drug selling, and he may
abscond and tamper evidence of the prosecution. 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:
4
REASONS
7.

POINT
NO.1:н
A
report
submitted
by
PSI,
Rajagopalnagar ., who is the complainant in this case before
the Rajagopalnagar PS. The contents of the report is here
under:н
On 11/12/2022 at 10.30 AM when the complainant
was on patrolling duty he has received credible information
that four unknown persons equipped with deadly weapons
were moving at Laggere Main Road, in front of Maruthi Bar
& Restaurant, Rajagopalnagar, Bengaluru with an intention
to harm the public.

He went along with the staff to the
place of incident and had seen one person by name Tejas @
tiger a rowdy sheeter accompanied by three more persons
armed with long chopper.

On seeing him they ran away
from the spot by throwing the weapon. Immediately he has
seized the said weapon and drawn a mahazar. Thereafter,
he came back to police station and registered a suoнmoto
case in Cr.No.433/2022 of Rajagopalnagar PS registered for
the offences punishable U/Sec.25(1B) (B) of ARMS Act,
22(c) of NDPS Act R/w.Sec.379 of IPC., against one Tejas
and unknown persons. Thereafter, he has assigned staff to
5
CCHн33
Crl.Misc.No.12627/2022
apprehend the accused Nos.1 and other suspected persons.
On 11.12.2022 at 7.10 pm., he has received information
that one person is moving at JKW layout near Hussain Bike
point. He on receipt of information immediately rushed to
the spot and surrounded the said person. On enquiry the
said person has revealed his name as Tejas @ Tiger.
Resident of Kaustri layout Bangalore he was sitting on his
bike. When he was questioned about the bike he has stated
that he was stolen the bike from Rajajiangar.
carrying a black colour plastic cover.

He was
When he was
questioned about the contents of the plastic cover he has
stated that he is carrying MDMA. He has immediately called
the panchas to the spot. He has conducted the search of
the packet containing contraband in the presence of
panchas. The contraband was weighed. The weight came
around 50.52 grams of MDMA. The bike which is the stolen
one and the contraband were seized. A detail mahazar is
drawn in the spot.

The accused No.1 is arrested and
produced before jurisdictional Magistrate and was taken to
police custody. During police custody he has revealed about
the other accused involved in the crime.

On 13.12.2022
6
accused No.2/petitioner herein and accused No.4 were
apprehended.

Their statement came to be recorded.

Accused No.1 and 4 were prosecuted in other cases of
Rajajinagar police station.

There is no recovery of
contraband from the present petitioner and accused No.4.
They were arrested, produced before the court and were
remanded to judicial custody.

The present petitioner is
accused No.2 in the case.

8. It is argued by the learned counsel for petitioner
that he is planted in the case by the complainant police he
is unaware of seized drug and the weapon. He is permanent
resident of the address given in the cause title. In the event
of grant of bail he is ready to abide by the conditions which
are being imposed by this court.

9. It is argued by the prosecution that the petitioner
has committed heinous offence 50.52 grams MDMA is seized
from the accused No.1. The offence punishable with
imprisonment upto 10 years and with fine.
primaнfacie material available against him.

There are
CCHн33
Crl.Misc.No.12627/2022
7
10. On careful analysis of rival contentions and the
prosecution papers available on record, it is evident that
PSI, Rajagopalnagar police station has conducted raid and
apprehended the accused No.1. On looking to the seizure
panchanama the drugs seized is weighing 50.52 grams of
MDMA from accused
No.1.

As per specification of small
and commercial quantity of narcotic drug or psychotropic
substance issued by Ministry of Finance Department of
Revenue Notification S.O.1055(E) dated 19.10.2001 at
Sl.No.134 the narcotic drugнMDMA 0.5 grams is small
quantity and 10 grams., is commercial quantity.

In this
case the quantum of MDMA seized is 50.52 grams which is
commercial quantity.
The present petitioner herein is arrested basing on the
voluntary statement of accused No.1. The present petitioner
along with accused No.4 was arrested on 13.12.2022. The
allegation
against
the
present
petitioner
is
he
has
accompanied accused No.1 on 11.12.2022 and he is also
armed with deadly weapons to threaten the public who were
moving in the spot. There is also an allegation against the
present petitioner that he is actively involved in the crime
8
and he is also doing drug peddling along with accused No.1.
but on looking to the investigation papers when the present
petitioner is arrested there is no recovery of contraband or
deadly weapon from him or at his instance.

He was
interrogated
But
by
the
investigating
agency.

no
incriminatory material collected by the investigating agency
at the instance of present petitioner.

Nodoubt in the
present case the contraband seized is commercial quantity
of MDMA.

The said contraband seized from the accused
No.1, what is the role of present petitioner in the crime there
is no material collected by the investigating agency at this
stage,. Further there is no criminal antecedents against the
present petitioner.

12.

The major portion of investigation is concluded
and incriminatory article is already seized at the instance of
accused No.1. The offence alleged against the petitioner is
not punishable with death or imprisonment for life. Further
custodial interrogation is not warranted. 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
CCHн33
Crl.Misc.No.12627/2022
9
may protract the trial could be compensated by imposing
stringent conditions. In the result, I answer the point for
consideration in the affirmative.
13. 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.
The
petitioner
executing
personal
is
enlarged
bond
for
on
a
bail
on
sum
of
Rs.1,00,000/н with two sureties 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
photo ID proof of his sureties.

with
I.O
for
10
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.

[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 7th day of January 2023]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.