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 22nd DAY OF MARCH 2024
Crl.Misc.No.2690/2024
Petitioners :
(accused No.7 & 2)
1. Jagadeesh Patel @ Jaggu,
S/o.Hiraram, 24 years, No.495,
50 feet road, 55th Main, near
15F Bus stand, Kumaraswamy
layout, Bangalore.
2. Poonaram @ Setu, S/o.Hiraram,
27 years, No.495, 50 feet road,
55th Main, near 15F bus stand,
Kumaraswamy layout,
Bangalore.
(By Sri NUK., 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
3
CCH­33
Crl.Misc.No.2690/2024
present petitioners. The ingredients of Sec.18(b) of NDPS Act
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 co­
operate 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
4
am., and the said two persons got down from a Maruthi Swift
car and they have entered the house of A1 Chogharam/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 one Punaram/A2, Asif/A3
and Suhail/A4 in the case. Punaram/A2 is the brother of A1
Chogharam. 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. Their CDRs were checked
and it is revealed that 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 Chogharam/A1 and
they have moved around the house of Chogharam/A1 and
waited for several hours nearby the house of Chogharam.
Punaram/A2 is prosecuted in Cr.No.250/2023 of RR Nagar
Police Station for the offences punishable U/s.364A and 394 of
5
CCH­33
Crl.Misc.No.2690/2024
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 investigating agency has arrested accused Nos.2 and
7 i.e., the present petitioners along with other accused. 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 allegation against accused No.7 is he has
assisted accused No.2 in the crime and he has co­ordinated
with the advocate to get bail to other accused and he is in
frequent contact with other accused at the time of commission
of offence and he had conversed with the accused over mobile
phone on several occasions. 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.

6
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:­
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 Chogharam/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
7
CCH­33
Crl.Misc.No.2690/2024
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
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., to check the CCTV footages of his
house.

As per the say of the accused the CCTV footages
8
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 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/­ cash and instructed one
CCH­33
Crl.Misc.No.2690/2024
9
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 Chogharam/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 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.

10
7d.
between
The call details pertaining to the date 2.2.2024 in
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 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
CCH­33
Crl.Misc.No.2690/2024
11
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 ill­will 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, 2­3 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
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
12
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 Chogharam.
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
Chogharam/A1, three persons were sitting in the car, two
persons got down from the car and went near the compound of
Chogharam/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,
13
Punaram/A2 was often visiting.

CCH­33
Crl.Misc.No.2690/2024
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/­ Punaram/A2 informed that his
relative Chogharam/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 Chogharam/A1. Accordingly, Arun Kumar/A5/A5
went with his friend to the house of Chogharam/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 Chogharam/A1 and kept the same in the
scooter of A1. Arun Kumar/A5 had given a sum of Rs.5,000/­
to his friend Ravi/A6. The said opium was kept in the scooter
of Chogharam/A1 at 3.00 am., in the morning, after keeping
the opium in the scooter of Chogharam/A1, they came back to
a petrol bunk purchased some biscuits and again came back
to the house of Chogharam/A1 parked their vehicle near by
14
the
house
and
called
one
Babu/A7
to
his
mobile
No.9019344069. They have waited in the said car and when
Chogharam/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
Chogharam, 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 Chogharam/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 Chogharam/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 (the present petitioner No.2), 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.

15
CCH­33
Crl.Misc.No.2690/2024
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 co­ordinated 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. accused No.7 who is
the brother of accused No.2 had also assisted accused No.2 in
making preparation to commit the crime. 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 i.e., the present petitioners along with other accused. 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
16
scooter of accused No.1. The allegation against accused No.7
is he has assisted accused No.2 in the crime and he has co­
ordinated with the advocate to get bail to other accused and he
is in frequent contact with other accused at the time of
commission of offence and he had conversed with the accused
over mobile phone on several occasions.
investigation in the case is concluded.

Major portion of
Further detention of
petitioners is not warranted in the circumstances of the case. If
by imposing stringent they are enlarge 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:­ 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/­ 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
CCH­33
Crl.Misc.No.2690/2024
17
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
co­operate
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 22nd of March 2024)
CN/*
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.