- 1 - NC: 2025:KHC:997 CRL.P No. 12495 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12495 OF 2024 BETWEEN: SRI CHINMAYASAMAL, S/O UCHHABSAMAL, AGED 24 YEARS, R/O PLOT NO.57-58, EKMAR MARG, BHUVANESHWAR MCOG BMVV, BHUVANESHWAR ODISHA - 751 020. …PETITIONER (BY SRI. DARSHAN GOUDA P PATIL., ADVOCATE) AND: STATE OF KARNATAKA BY PSI CEN P S DAVANAGERE. REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI.HARISH GANAPATI., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL U/S 482 OF THE BNSS BEFORE THIS HONBLE COURT IN THE EVENT OF PETITIONER ARREST IN SPL.C.NO.191/2024 AND CR.NO.75/2023 FOR THE OFFENCE P/U/S 8(c), 29, 22(b) AND 27 OF NDPS ACT, 1985, PENDING Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:997 CRL.P No. 12495 of 2024 ON THE FILE OF THE PRL. DIST. AND SESSION JUDGE, DAVANAGERE AT DAVANAGERE, CEN CRIME POLICE STATION, DAVANAGERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner and learned HCGP for respondent - State and perused the material on record. 2. This petition under Section 482 of BNSS 2023 is preferred by accused No.10 to enlarge him on bail in Crime No.75/2023 of Davanagere CEN Crime Police Station, Davanagere District, registered for offences punishable under Sections 8(c), 21(c), 27(a) and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). 3. Initially, aforementioned crime was registered against accused Nos.1 to 6. On completion of investigation, charge sheet is filed against accused Nos.1 to 10 under Section 8(c), 29, 22(b) and 27 of NDPS Act. - 3 - NC: 2025:KHC:997 CRL.P No. 12495 of 2024 4. It is alleged by the prosecution that accused Nos.1 to 5 were securing drugs for consumption from accused Nos.6 to 8, hailing from the State of Rajasthan. Accused No.1 struck a deal with accused No.6 to purchase 30 grams of drugs for a sum of Rs.1,80,000/-. He transferred a sum of Rs.90,000/- to the account of accused No.6 through the account of accused No.10 i.e., petitioner herein and drug was purchased paying the balance amount to accused No.8. 5. On 05.11.2023 at about 4:00 p.m on receiving a credible information that some unknown persons are in illegal possession of MDMA near Mayur Global School on a public road, Sri Mallikarjunappa Badavane in Davanagere, the complainant namely the police inspector of CEN Crime Police Station Davanagere conducted a raid along with his staff and apprehended accused Nos.1 to 5. A plastic cover containing 22.64 grams of MDMA kept in the dash board of the car bearing registration No.KA-17/P-9807 was seized. Further, the house of accused Nos.6 to 8 was also raided - 4 - NC: 2025:KHC:997 CRL.P No. 12495 of 2024 and 27 grams of MDMA, six tiger claws and mobile phones were seized. 6. Learned HCGP has contended that the drugs seized in this case is commercial quantity and in view of serious nature of the offence committed, the petitioner is not entitled for the relief sought in the petition. He further contended that there is a prima-facie case against the petitioner and therefore, there is a bar under Section 37 of the NDPS Act to grant bail. 7. It is contended by the learned counsel for petitioner that the petitioner was doing part time job for distributing astropay cards and one Mr.Prasad transferred the amount to him for generating an astropay card for Rs.9,90,000/- but since the petitioner could not generate the astropay card in his name, the said Prasad directed him to transfer the entire money to various UPI IDs. It is contended that the petitioner is innocent and he has been made a scapegoat and a false case is registered implicating him. - 5 - NC: 2025:KHC:997 CRL.P No. 12495 of 2024 8. Admittedly, no drug was seized from the possession of the petitioner. It is also not the case of prosecution that the petitioner was either a drug peddler or he is consuming drug. The only allegation is that a sum of Rs.90,000/- was transferred by accused No.1 to accused No.6, through the account of the present petitioner. It cannot be said at this stage that the petitioner was aware that the said sum transferred by accused No.1 to accused No.6 through his account was for purchasing drug. The complicity of the petitioner in the alleged crime has to be established during trial. At this stage expect the above allegation, there are no sufficient material to deny the relief sought in the petition. From the material available on record, it cannot be held that there is a prima-facie case against the petitioner. He has no criminal antecedents. It is submitted by the learned counsel that the petitioner is a student. 9. The petitioner has undertaken to furnish sufficient surety to ensure his regular presence before the - 6 - NC: 2025:KHC:997 CRL.P No. 12495 of 2024 trial Court and to cooperate with the further investigation of the case, if any. In the facts and circumstances, petitioner can be granted the relief sought by imposing conditions. Accordingly, the following: ORDER i) The criminal petition is allowed. ii) In the event of arrest of the petitioner in Crime No.75/2023 of CEN Crime Police Station, Davanagere pending on the file of the Principal District and Sessions Judge, Davanagere in Spl.C.No.191/2024, he shall be released subject to following conditions: a) He shall appear before the Jurisdictional court within a period of ten days from the date of receipt of a copy of this Order and shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, out of which one shall be a local surety, to the satisfaction of the learned Judge. - 7 - NC: 2025:KHC:997 CRL.P No. 12495 of 2024 b) He shall appear before the Investigation Officer within a period of one week thereafter and shall cooperate with the further investigation of the case, if any. c) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. d) He shall not tamper with the prosecution witnesses/evidence in any manner either directly or indirectly. e) He shall not leave the jurisdiction of the trial Court without prior permission of the trial Court. f) He shall not involve in any criminal activity and commit similar offences. g) He shall regularly appear before the Trial Court on every date of hearing, without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE KVR List No.: 1 Sl No.: 29