- 1 - NC: 2025:KHC:3759 WP No. 1546 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1546 OF 2025 (GM-RES) BETWEEN: SINU ABRAHAM, D/O ABRAHAM, AGED ABOUT 40 YEARS, R/AT NO. A-1007 FRIED SPRING FIELDS APARTMENT, GUBBALAL SUBRAMANYAPURA, BENGALURU - 560 061. …PETITIONER (BY SRI. PAARAS PANDEY, ADVOCATE) AND: STATE OF KARNATAKA BY MADIWALA POLICE STATION BENGALURU - 560 068 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARANATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI.THEJESH P.,HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER AND OR DIRECTIONS, THEREBY DIRECTING THE REGISTRY OF THIS HONBLE COURT TO PERMIT THE PETITIONER HEREIN TO PRODUCE THE ORIGINAL PHOTOGRAPHS ON THE FILE OF THIS HONBLE COURT IN CRL.P. NO. 4558/2020 IN IN SPL. C. 155/2022 PENDING BEFORE THE LD. 33RD ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3759 WP No. 1546 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: (i) Issue a writ of Mandamus, or any other similar writ, or any appropriate writ, order and/or directions, thereby directing the registry of this Hon'ble Court to permit the Petitioner herein to produce the original photographs on the file of this Hon'ble Court in Crl.P.No.4558/2020 in Spl.C.155/2022 pending before the Ld. 33rd Addl.City Civil and Sessions Judge, at Bengaluru, and (ii) Pass or issue any such further order or direction in the facts and circumstances of this case as this Hon'ble Court deems appropriate in the interest of justice and equity. 2. After arguing the matter for some time, learned counsel for the petitioner seeks permission to withdraw the petition with liberty to file an application before Sessions Court for a direction to the respondent/prosecution to produce the documents produced by the petitioner in Crl.P.No.4558/2020 dated 06.10.2020, which was disposed by this Court, which reads as under: "This is a petition under Section 439 Cr.P.C. The petitioner is implicated of the offences punishable under Section 20B, 21 and 22 of the NDPS Act. The FIR is registered in Crime No.203/2020 by the respondent-police. 2. Heard the petitioner’s counsel and the learned High Court Government Pleader. - 3 - NC: 2025:KHC:3759 WP No. 1546 of 2025 3. According to the prosecution, upon a credible information received by the Inspector of Police on 27.08.2020, he along with his staff was able to recover 1kg of Ganja and 25 Ecstasy tablets. The police officer wrote a panchanama and thereafter complaint was registered. 4. Learned counsel for the petitioner has produced photographs of CCTV footages and argues that on 26.08.2020 at about 4.20pm itself the police entered the apartment where the petitioner is living and took her to police station and she was made to stay in the police station for the whole day and thereafter concocted a false story that she was found in possession of narcotic substances. He also argues that the police have not complied the mandatory provisions of Section 42 of the NDPS Act. 5. Learned High Court Government Pleader submits that actually there was recovery of narcotic substances from the petitioner and they are of commercial quantity and therefore bail cannot be granted. 6. Ofcourse a plain reading of the first information report gives an impression that the police might have recovered narcotic substances from the possession of the petitioner. If the photographs produced by the petitioner are seen, it may be said that the police entered the apartment where the petitioner is living on the previous day i.e., 26.08.2020 at about 4.25pm. The petitioner being escorted by the police can be clearly seen in the photographs. Therefore the very recovery becomes doubtful. Moreover the - 4 - NC: 2025:KHC:3759 WP No. 1546 of 2025 petitioner is a woman. Hence I don’t think that bail can be denied. Hence the following: ORDER Petition is allowed. The petitioner is ordered to be released on bail in connection with Crime No.203/2020 registered by Madivala Police Station, Bengaluru City on her executing a bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) and furnishing two sureties for the likesum to the satisfaction of the jurisdictional Court. The petitioner is also subjected to following conditions: i. She shall not tamper with the evidence collected by the investigating officer ii. She shall not directly or indirectly threaten or induce the witnesses iii. She shall co-operate with the police for investigation purpose and she shall also appear before the police station and mark her attendance once in a week preferably on every Monday between 9 am and 12 noon till completion of investigation. iv. She shall regularly appear before the Court till completion of trial." - 5 - NC: 2025:KHC:3759 WP No. 1546 of 2025 3. The submission is placed on record. Accordingly, I pass following: O R D E R (i) Writ petition stands disposed as withdrawn. (ii) Liberty is reserved to the petitioner to file an application under Section 91 of Cr.P.C, for a direction to the respondent/prosecution to produce the documents referred to in Crl.P.No.4558/2020. (iii) If such an application is filed, the Sessions Court shall provide an opportunity to the respondent to file objections and dispose of the application in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE RR List No.: 1 Sl No.: 31