- 1 - NC: 2025:KHC:18375 CRL.P No. 6324 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 6324 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: ARUN KUMAR .G @ ARUN S/O GOVINDASWAMY, AGED ABOUT 33 YEARS R/AT NO. 33, 2ND CROSS, 2ND MAIN, KAVALI HOTEL ROAD, EWS LAYOUT, KATRIGUPPE, (WRONGLY MENTIONED AS KAGRIGUPPE) BSK III STAGE, BENGALURU-560085. …PETITIONER (BY SRI. SHRIDHARA K., ADVOCATE) AND: STATE OF KARNATAKA BY CHANNAMMANAKERE ACHUKATTU POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. …RESPONDENT (BY SMT.WAHEEDA.M.M., HCGP FOR RESPONDENT) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.45/2025 OF CHANNAMMANAKERE ACHUKATTU POLICE Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18375 CRL.P No. 6324 of 2025 STATION, PENDING ON THE FILE OF XXXVII ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(c), 20(b), 22(c) OF NDPS ACT, 1959. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER This petition is filed by the accused seeking for regular bail in Crime No.45/2025, registered by the Channammanakere Achukattu Police Station for the offences punishable under Sections 8(c), 20(b), 22(c) of NDPS ACT, 1959. 2. The case of the prosecution is that on 11.03.2025 in the afternoon at 3.55 P.M., when the complainant was in the police station, stated to have received an information that, one person was selling MDMA and ganja by parking his car within the limits of the respondent police. The complainant went along with his staff, mahazar witness and Gazetted officers, and stated to have seized MDMA and Ganja and registered the case. - 3 - NC: 2025:KHC:18375 CRL.P No. 6324 of 2025 3. Heard Sri.Shridhara.K, learned counsel for the petitioner, and Smt.Waheeda.M.M., learned High Court Government Pleader for the respondent-State. 4. It is the submission of the learned counsel for the petitioner that the petitioner is arrayed as accused No.3 and he is stated to be in possession of MDMA and ganja which is false and baseless. In the complaint, they have stated about only one person, who is not the petitioner herein. Thereafter, the respondent police have received an information from the said accused and implicated the name of this petitioner in the remand application. 5. It is further submitted that the entire case is based on the statement of the co-accused. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. 6. Per contra, learned High Court Government Pleader vehemently opposed the said submissions, and he further submitted that the petitioner, being accused No.3 - 4 - NC: 2025:KHC:18375 CRL.P No. 6324 of 2025 was involving in the transaction of contraband. He, along with others formed an association and was doing the business of selling the contraband. The person who is arrayed as one of the accused in the case, namely Dhananjay, had made his statement before the police stating that he, along with others, were involved in the said business. Based on that statement, the complainant has registered the case. Therefore, the bail application of the petitioner has to be rejected. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet. The overt-act attributed against the petitioner would indicate that the petitioner has been implicated in this case on the strength of statement of Dhananjay S/o Venkatesh, who is also one of the accused in the case. Nothing has been recovered from the possession of the petitioner. Therefore, it is appropriate to grant bail him by imposing suitable conditions. 8. Hence, I proceed to pass the following: - 5 - NC: 2025:KHC:18375 CRL.P No. 6324 of 2025 ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.45/2025 of the respondent – Police, pending on the file of XXXVII Addl. Chief Judicial Magistrate, at Bengaluru, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. d) The Registry is directed to communicate this order to the Trial Court forthwith. - 6 - NC: 2025:KHC:18375 CRL.P No. 6324 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. SD/- (S RACHAIAH) JUDGE SRK List No.: 1 Sl No.: 41