- 1 - HC-KAR NC: 2025:KHC:19398 CRL.P No. 4939 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4939 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: ABHISHEK GOWDA, S/O. ASHWATH NARAYANAGOWDA, AGED ABOUT 29 YEARS, R/AT NO.21, ANUGRAHA NILAYA, 1ST A CROSS, MEENAKSHI LAYOUT, SIDEDAHALLI, BAGALAGUNTE, BENGALURU-560 108. …PETITIONER (BY SRI. PRASANNA D P., ADVOCATE) AND: STATE OF KARNATAKA, BY HSR LAYOUT POLICE, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN AND FILED THE CHARGE SHEET AND SAME IS PENDING IN SPL.C 740/2025 THE XXXIII ADDL.CITY CIVIL AND SESSION Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19398 CRL.P No. 4939 of 2025 JUDGE AND SPL.JUDGE(NDPS), BENGALURU (CCH-33) FOR THE O/U/S 8C, 22C, 23A OF NDPS ACT 1985 OF HRS LAYOUT POLICE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Spl.CC.No.740/2025 pending before the court of XXXIII Additiaonl City Civil and Sessions Judge and Special Judge (NDPS) Bengaluru, arising out of crime No.336/2024 registered by HSR Layout Police station for the offence punishable under Sections 8(c), 22 (c), 23(a) of of Narcotic Drugs And Phychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) is before this court under Section 483 of BNSS seeking for regular bail. 2. Heard the learned counsel for the parties. 3. FIR is in Crime No.336/2024 was registered by HSR Layout Police station, Bangalore for the aforesaid offences against petitioner/accused No.1 based on the first information dated 09.09.2024 received from one Mohammed Mukaram, - 3 - HC-KAR NC: 2025:KHC:19398 CRL.P No. 4939 of 2025 police officer attached to Anti-corruption squad, CCB, Bangalore. 4. During the course of the investigation of the case petitioner was arrested on 9.9.2024 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against petitioner for the aforesaid offences. The bail application filed by the petitioner before the Sessions Court in Crl.Misc.No.2661/2025 was rejected on 16.4.2025. Therefore, he is before this court seeking regular bail. 5. Learned counsel for the petitioner submits that the petitioner who is a youngster has no criminal antecedents and is in custody for the last 9 months. The material on record do not show that the petitioner was aware that the parcel which had arrived in the name of the petitioner, which was booked by accused No.2 contained contraband article and therefore it cannot be said that the petitioner was in conscious possession of the contraband article. The petitioner who was in need of money had given his address to accused No.2 who was earlier his co-employee. The accused No.2 is not a permanent - 4 - HC-KAR NC: 2025:KHC:19398 CRL.P No. 4939 of 2025 resident of Bangalore. The petitioner is the sole bread earner of the family which consists of his aged parents and unmarried sister. He accordingly prays to allow the petition. 6. Per contra learned HCGP has opposed the petition and he submits that the huge quantity of contraband articles has been seized in the present case. The petitioner had earlier received sum of money of Rs.5000/- from the accused No.2 in respect of parcel which had arrived in the name of the petitioner in the month of June 2024 and therefore cannot be said that the petitioner was not aware about the contents of the parcel which had arrived in his name. He submits that in view of the rigour under Section 37 of NDPS Act, prayer made by the petitioner needs to be rejected. 7. Perusal of the averments found in the first information dated 9.9.2024 reveals that based on the credible information received, the first informant after obtaining necessary permission from his higher officers had conducted a raid to the office premises of the private company in which the petitioner was working and had recovered a parcel which was addressed to the petitioner, shipped from Belgium and it was found that - 5 - HC-KAR NC: 2025:KHC:19398 CRL.P No. 4939 of 2025 the said suspected parcel contained 469 grams of MDMA ecstasy pills 998 nos and 999 LSD strips weighing 19 grams. On enquiry, the petitioner had informed that the suspected parcel was sent in his name by the accused No.2 who was his friend and co-employee in the earlier company and it is under such circumstances after the seized contraband articles were subjected to the panchanama, FIR was registered against the petitioner in Crime No.336/2024 by the HSR Layout Police station, Bengaluru for the aforesaid offences. 8. During the course of the investigation, the accused No.2 was arrested at Calicut in Kerala State on 19.9.2024 and subsequently he was produced before the court and remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against the petitioner and accused No.2 for the aforesaid offences. From the charge sheet material it appears that the petitioner was earlier an employee in a Private company known as Infosys and accused No.2 was his co-employee in the same company. After the petitioner had left the said company, he was working in the company known as Jupiter (IO), Amica Financial Technologies Pvt. Ltd., HSR Layout, Bangalore as a Customer Relationship Officer and it - 6 - HC-KAR NC: 2025:KHC:19398 CRL.P No. 4939 of 2025 appears that the petitioner who was in contact with accused No.2 over phone had asked him for financial assistance. Accused No.2 in turn had informed the petitioner that he could be receiving some parcel from the foreign countries in Bangalore and for the said purpose he would be giving the address of the petitioner at Bangalore and on receipt of the parcel, the petitioner would be paid some money. 9. Perusal of the material on record, would go to show that in the month of June 2024, the petitioner had received a parcel from foreign county, which was booked by accused No.2 and on receipt of the said parcel, petitioner had handed over the parcel to accused No.2 which allegedly contained contraband articles and in turn accused no.2 had paid a sum of Rs.5000/- to the petitioner. Except the aforesaid transaction there is no other monetary transaction between the petitioner and the accused No.2. So far as the present parcel is concerned, after the parcel was received in the office of the petitioner, the same was kept intact and it was opened only after the same was handed over to the anti-drug squad. The material on record goes to show that the parcel was delivered - 7 - HC-KAR NC: 2025:KHC:19398 CRL.P No. 4939 of 2025 to the petitioner by the post man at about 1 p.m., on 9.9.2024 and the raid was conducted between 4.00 p.m. to 8.00 p.m. The petitioner had received the suspected parcel and kept the same in his office and no attempt was made either to hide the same or dispatch the same. Even in the confession statement of accused No.2, it is not forthcoming that accused No.1/ petitioner was aware that the accused No.2 was placing orders for contraband articles which was addressed to the petitioner. Therefore, there is no definite material available on record to suggest that the petitioner was aware that in the parcels which were received by him, the accused No.2 was booking contraband articles. Undisputedly petitioner has no criminal antecedents. Material on record, would go to show that the aged parents and unmarried sister of the petitioner are depending for their livelihood on the income of the petitioner. The petitioner is a graduate who has completed his hotel management degree and was working in a reputed private company. Investigation of the case is completed and charge sheet has been filed. The petitioner is in custody for the past 9 months. Since the material on record do not clearly establish that the petitioner had a knowledge that the accused No.2 was - 8 - HC-KAR NC: 2025:KHC:19398 CRL.P No. 4939 of 2025 booking contraband article from foreign countries in the parcels which were being received by the petitioner, the rigor under Section 37 of NDPS Act cannot be made very strictly applicable as against the petitioner. Accused No.2 who is a person having criminal antecedent has been already arrested in the present case and is in judicial custody. The trial in the case is yet to commence and it is brought to the notice of the court that case before the Trial Court is still at the stage of hearing before the charge sheet. Under the circumstances, I am of the view that the petitioner's prayer for grant of regular bail is required to be answered affirmatively. 10. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Spl.CC.No.740/2025 pending before the court of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS) Bengaluru, in Crime No.336/2024 registered by HSR Layout Police station for the offence punishable under Sections - 9 - HC-KAR NC: 2025:KHC:19398 CRL.P No. 4939 of 2025 8(c), 22 (c), 23(a) of NDPS Act, 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 their appearance for valid reasons; 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; and e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE AKV List No.: 1 Sl No.: 80