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 27th DAY OF MARCH 2024
Crl. Misc.No.2760/2024
petitioner :
(accused No.20)
Indira, W/o.Ravikumar, 39 years,
R/at.Chittenahalli grama, Dudda Post,
Dyapalayapura, Hassan Taluk, Hassan
district.
(By Sri KSS., 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 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
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 have 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
accused No.7 & 13, present petitioner has been arrayed as
accused No.20.
The allegation against accused No.20 is
that she had transferred an amount of Rs.4,500/ to
accused No.7 phone on the instruction of her husband who
is accused No.13 in the case and convicted prisoner in
another criminal case. She have been falsely implicated
basing on the statement of coaccused. 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
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Crl.Misc.No.2760/2024
surety for their due appearance 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 urgent need of money i.e., Rs.20,000/
4
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 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
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Crl.Misc.No.2760/2024
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 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 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 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:
6
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:
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
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Crl.Misc.No.2760/2024
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 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
8
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 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
CCH33
Crl.Misc.No.2760/2024
9
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
she were searched brown
sugar and mobile phones were recovered from them. Brown
sugar seized in the case is 57 grams which is intermediary
in nature.
The allegation made against the present
petitioner is had sent a sum of Rs.4,000/ to the account of
accused No.7 as per the instructions of accused No.13 who
is a convicted prisoner.
On looking to the allegation the
petitioner is no way connected in regard to procurement of
contraband and other incriminatory articles in the case.
10
She had no nexus with prime accused in the case.
The
recovery of incriminatory article is already effected from
other accused. Custodial interrogation of petitioner is not
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.
provided by the petitioner
As
per
the
information
she is permanently residing in
the address shown in the cause title. The apprehension of
the prosecution that
the
investigation
she may abscond and may protract
could
be
compensated
by
imposing
stringent conditions. In the result, I answer the point for
consideration in the affirmative.
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
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Crl.Misc.No.2760/2024
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.
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 27th day of March 2024]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.