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.2786/2024
Petitioner :
(accused No.8)
Donga Ram @ Doonga,
S/o.Pagaramji, 43 years, No.30, 4th
Cross, Nandagokula Layout,
Thigalarapalya Layout, Bengaluru
North.
(By Sri RRS, 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.

2
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
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 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 roots in the
3
CCHн33
Crl.Misc.No.2786/2024
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
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
4
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
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. The present petitioner is arrested on
17.3.2023.

the allegation against him is he had supplied
contraband opium to accused No.2 to implant the same in
CCHн33
Crl.Misc.No.2786/2024
5
the vehicle of accused No.1. He is arrested, his statement is
recorded. In the event of grant of bail he is going to abscond
and may hamper the 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
6
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
has sought police
custody of the accused and taken to
police custody accused has stated that he has not stored the
CCHн33
Crl.Misc.No.2786/2024
7
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
and
Ravi/A6 are involved in the crime and they have conspired
together in procuring the contraband and to implant the
8
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 i.e., A5 Arun Kumar is
arrested by the police on 16.2.2024 and the he has revealed
that as per the instructions of Punaram/A2 he and present
petitioner/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, 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. During follow up action after arrest of A2 and
9
CCHн33
Crl.Misc.No.2786/2024
A7 present petitioner is arrested. The allegation against him
is he had supplied opium to the accused No.2.
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 the
Arunkumar/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
10
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, Ravi/A6 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.,
11
CCHн33
Crl.Misc.No.2786/2024
A5/Arunkumar is arrested on 13.2.2024 near Ittamadu
Spice Bar.

He 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 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/present petitioner 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 of Chogaram/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 A5 is
revealed, he is arrested on 13.2.2024 at Ittamadu Spice Bar.

12
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 the 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 present petitioner in his car to the
house of Chogaram/A1. Accordingly, he 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. The
A5 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 petrol bunk
purchased some biscuits and again came back to the house
CCHн33
Crl.Misc.No.2786/2024
13
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, Ravi/A6
the present petitioner and A5 came back to the shop of
Punaram/A2 gave the car key to him, he came to know that
Chogaram/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 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
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 had supplied contraband opium to the accused No.2.
His
voluntary
statement
is
recorded.

The
material
14
information is already collected by the investigating agency.
The allegation against the present petitioner
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. 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.
10. 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 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.

15
CCHн33
Crl.Misc.No.2786/2024
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/*