- 1 - NC: 2025:KHC:10597 CRL.P No. 1732 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1732 OF 2025 BETWEEN: SAHANA .D. W/O MICHEAL DIKE OKOLI AGED ABOUT 25 YEARS, R/AT SITE NO-39, 1ST FLOOR, BALAJI LAYOUT, YERAPPANAHALLI DODDAGUBBI POST, BIDARAHALLI HOBLI, BANGALURU NORTH TALUK BANGALURU RURAL DISTRICT - 560 077 …PETITIONER (BY SRI. BASAVARAJU T.A., ADVOCATE) AND: STATE OF KARNATAKA, BY CCB, BENGALURU CITY POLICE REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR PUBLIC PROSECUTORS OFFICE HIGH COURT BUILDING, HIGH COURT OF KARNATAKA AMBEDKAR VEEDI BENGALURU - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HER ON BAIL IN CR.NO.27/2024 OF CCB, BENGALURU CITY POLICE FOR AN OFFENCE U/S 8(C), 22(A), 22(B), 22(C) OF NDPS ACT, WHICH IS PENDING ON THE FILE OF HONBLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE ANT SPECIAL JUDGE FOR NDPS CASES AT BENGALURU (CCH-33) IN SPL.C.NO.75/2025. Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:10597 CRL.P No. 1732 of 2025 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.3 SPL.C.No.75/2025, pending before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bengaluru (CCH-33), arising out of Crime No.27/2024 registered by CCB Bengaluru City Police, for the offences punishable under Sections 8(c), 22(a), 22(b), 22(c) of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, 'NDPS'), is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking regular bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.27/2024 was registered by CCB City Police, Bengaluru for the aforesaid offences against unknown persons on the basis of the first information dated 24.07.2024 received from Mohammed Mukaram - Police Officer attached to CCB City Police, Bengaluru. Subsequently, a raid was conducted on a house situated within the jurisdiction of Electronic City Police Station on 24.07.2024 and from the said house, accused No.1 was apprehended and from his - 3 - NC: 2025:KHC:10597 CRL.P No. 1732 of 2025 possession, 4 kgs of contraband article allegedly MDMA crystal was recovered. 4. On the basis of the confession statement made by accused No.1, who was subsequently arrested and remanded to judicial custody, a raid was thereafter held to the house of accused No.2 on 17.09.2024 and from the said house, accused No.2 and the petitioner herein who was along with accused No.2 were apprehended and contraband article allegedly MDMA, totally weighing 1kg 50gms was seized. The Petitioner was arrested and subsequently remanded to judicial custody and she was arrayed as accused No.3 in the case. After investigation, charge sheet is now filed against three persons. Accused Nos. 1 and 2 are Nigerian citizens. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.193/2025 was rejected on 31.01.2025. Therefore, she is before this Court. 5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner is a unmarried girl, aged about 25 years. She was in a living relationship with accused No.2 and was totally unaware of his activities. Accused No.2, who was earlier arrested by the police - 4 - NC: 2025:KHC:10597 CRL.P No. 1732 of 2025 for not having a valid VISA, had induced the petitioner of a better future and believing him, she was living with him. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. He submits that seized contraband articles are of commercial quantity and in view of rigor under Section 37 (1)(b) of the Act, prayer made by the petitioner for grant of bail has to be rejected. 7. Perusal of the materials on record would go to show that based on credible information received by the complainant, FIR was initially registered for the aforesaid offences and thereafter, a raid was conducted to the house situated within the jurisdiction of Electronic City Police Station on 24.07.2024 and from the said house, accused No.1- Chukwuduem Justice Nwafor was apprehended and from his possession contraband article allegedly MDMA totally weighing 4 kgs was seized. Based on the confession statement of accused No.1, a raid was subsequently conducted on the house situated within the jurisdiction of Avalahalli Police Station on 17.09.2024, in which, accused No.2 was residing and from the said house, accused - 5 - NC: 2025:KHC:10597 CRL.P No. 1732 of 2025 No.2 and petitioner herein were apprehended and contraband article allegedly MDMA weighing 1kg 50gms was recovered. 8. Petitioner has produced materials before this Court to show that she had studied upto 2nd year PUC in Andhra Pradesh and she also has completed her vocational training course at Bengaluru. 9. Materials on record would go to show that accused No.2 was earlier arrested and remanded to judicial custody for the reason that he did not have valid VISA to stay in India. According to learned counsel for the petitioner, accused No.2 who was staying in the neighborhood of the petitioner had induced her and as a result, she started living with him and she was totally unaware of his activities. In the confession statement of accused No.1, he has stated that, accused No.2 was supplying him the contraband article and he has not mentioned the name of the petitioner. The owner of the house from where accused Nos. 2 and 3 were apprehended has stated that accused Nos.2 and 3 were living in his house as husband and wife. Undisputedly, petitioner has no other criminal antecedents. The petitioner is a lady aged about 25 years and is in judicial custody from 17.09.2024. In view of the aforesaid - 6 - NC: 2025:KHC:10597 CRL.P No. 1732 of 2025 aspects of the matter, rigor under Section 37 (1)(b) of the Act cannot be made applicable to the petitioner. Under such circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.27/2024 of CCB Bengaluru City Police, for the offences punishable under Sections 8(c), 22(a), 22(b), 22(c) of registered for the offences punishable under Sections, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 7 - NC: 2025:KHC:10597 CRL.P No. 1732 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 49