- 1 - HC-KAR NC: 2025:KHC:19917 CRL.P No. 5044 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5044 OF 2025 BETWEEN: NENARAM S/O JOGARAM AGED ABOUT 34 YEARS RESIDENT OF BABALO KA BAS ROHICHAN KALAN, JODHPUR RAJASTHAN, PIN - 342 801. …PETITIONER (BY SRI GOPAL SINGH, ADV.) AND: THE STATE OF KARNATAKA BY RAJAGOPAL NAGAR POLICE STATION BANGALORE - 560 086, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO ALLOW THE PETITION AND BE PLEASED TO GRANT ANTICIPATORY BAIL IN CRIME NO. 46/2025, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTION 17(b) OF NARCOTIC DRUGS AND PHYCHOTROPIC SUBSTANCES ACT, PENDING ON THE FILE OF HONOURABLE XXXI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE CITY, DIRECTING THE RESPONDENT RAJAGOPAL NAGAR POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IMPOSING ANY CONDITIONS TO MEET THE ENDS OF JUSTICE, FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL FOREVER PRAY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19917 CRL.P No. 5044 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.46/2025 registered by Rajagopal Nagar Police Station, Bengaluru City, for the offence punishable under Section 17(b) of the Narcotics Drugs and Psychotropic Substances Act, 1985, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.46/2025 was registered by Rajagopal Nagar Police Station, Bengaluru City, for the aforesaid offences against one Bharath Bhoosan and the petitioner herein based on the first information received on 15.02.2025 from Hanumesh, Police Head Constable attached to Rajagopal Nagar Police Station, Bengaluru City. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.2389/2025 before the jurisdictional Sessions Court which was rejected on 22.03.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that accused No.1 who has been arrested in the present case has been - 3 - HC-KAR NC: 2025:KHC:19917 CRL.P No. 5044 of 2025 subsequently enlarged on regular bail considering the fact that seized contraband article is of intermediate quantity. Petitioner has no other criminal antecedents. He is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that petitioner, who was along with accused No.1 when the raid was conducted to the alleged spot where accused Nos.1 and 2 were attempting to sell the contraband article to the public, had managed to escape and efforts made to trace him ever since then have failed. Petitioner hails from the State of Rajasthan and there is an allegation that he is the supplier of contraband article to accused No.1, who was arrested in the present case. Under the circumstances, his custodial interrogation becomes necessary. Accordingly, he prays to dismiss the petition. 6. FIR was registered in the present case against accused No.1 and petitioner herein based on the credible information received from the first informant that accused were making attempts to sell the contraband article to the public and - 4 - HC-KAR NC: 2025:KHC:19917 CRL.P No. 5044 of 2025 students. At the time of raid, two persons were found at the spot by the police. According to the prosecution, petitioner, who was one amongst them had managed to escape from the spot and accused No.1 was apprehended and from his possession contraband article allegedly opium totally weighing 565 grams was seized and subjected to panchanama. Accused No.1 hails from the State of Jammu and Kashmir and the petitioner hails from the State of Rajasthan. They were together found in Bengaluru attempting to sell the contraband article to the public and students. From the possession of accused No.1, intermediate quantity of contraband article has been seized in the present case. Petitioner, who had managed to escape from the spot on 15.02.2025 has been absconding ever since then. Petitioner has no permanent address in Bengaluru and learned counsel for the petitioner has failed to state as to why petitioner was at Bengaluru along with accused No.1, who hails from the State of Jammu and Kashmir. Accused No.1, who was arrested in the case has confessed that it was the petitioner, who was supplying him contraband article for sale in Bengaluru and a perusal of the confession statement would indicate that even earlier petitioner had supplied - 5 - HC-KAR NC: 2025:KHC:19917 CRL.P No. 5044 of 2025 contraband article to accused No.1. Under the circumstances, I am of the opinion that custodial interrogation of the petitioner would be required in the present case and therefore, relief of anticipatory bail cannot be granted to him. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN