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2025 DAILYLAW 57852 (KAR)

SALMAN @ PAPPA v. STATE OF KARNATAKA

CRL.P/9742/2025 · 2025-07-29

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29114 CRL.P No. 9742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9742 OF 2025 BETWEEN: SALMAN @ PAPPA S/O LATE AJAJ, AGED 25 YEARS, R/AT MARRIAMMA TEMPLE, 2ND MAIN ROAD, 10TH CROSS, BANDE GUDISALU, VALMIKINAGAR, MYSORE ROAD, BANGALORE-560 026. …PETITIONER (BY SRI. B.R. MANJUNATH, ADVOCATE) AND: STATE OF KARNATAKA BY CHAMARAJPET POLICE 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 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.67/2025 OF CHAMARAJPET POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE U/S 20(B) OF NDPS ACT, PENDING ON THE FILE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29114 CRL.P No. 9742 of 2025 OF THE 5TH ADDL. CHIEF JUDICIAL MAGISTRATE AT BENGALURU, DIRECT THE INVESTIGATING OFFICER OR ANY OTHER OFFICER, WHO IS INVESTIGATING IN THIS MATTER TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This Petition under Section 482 of BNSS, 2023, is preferred by accused No.2, seeking anticipatory bail in Crime No.67/2025 of Chamarajpet Police Station, registered for the offence punishable under Section 20(b) of the NDPS Act, 1985. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. The first informant – PSI of Chamarajpet Police Station on receiving a credible information on 30.03.2025 at about 7.15 a.m., that two persons are trying to sell - 3 - HC-KAR NC: 2025:KHC:29114 CRL.P No. 9742 of 2025 ganja to the public near Ashwathkatte Road, Bande Hut, Valmiki Nagar, and based on the said information registered the aforementioned Crime and along with the staff and panchas proceeded to the spot and apprehended accused No.1. From his possession 528 grams of ganja and 20 tidol tablets / 100 mg each were seized under a mahazar. 4. Petitioner is arraigned as accused No.2 in the remand application. His petition seeking anticipatory bail has been rejected by the learned Sessions Judge in Crl.Misc No.3540/2025 dated 17.05.2025. 5. The material on record reveal that the contraband was seized from the possession of accused No.1. Petitioner has been arraigned as an accused on the voluntary statement of accused No.1. It is alleged that the petitioner is a drug peddler along with accused No.1. However, at this stage there is no material to substantiate the same, except the voluntary statement of the co- - 4 - HC-KAR NC: 2025:KHC:29114 CRL.P No. 9742 of 2025 accused. Accused No.1 has been enlarged on bail by the V Additional Chief Judicial Magistrate, Bengaluru City vide order dated 19.04.2025. Petitioner has undertaken to offer sufficient surety to ensure his regular presence before the trial Court and undertaken to cooperate with the investigation. Hence, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.2 shall be released in the event of his arrest in Crime No.67/2025 of Chamarajpet Police Station, Bengaluru, registered for the offence punishable under Section 20(b) of NDPS Act, 1985 subject to following conditions: a) He shall appear before the Investigation Officer within one week from the date of receipt of a copy of the order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only), with one surety for the likesum. - 5 - HC-KAR NC: 2025:KHC:29114 CRL.P No. 9742 of 2025 b) He shall furnish his residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) He shall appear before the I.O. on 1st Sunday of every month between 10.00 a.m., and 1.00 p.m., till completion of investigation. d) He shall cooperate with the investigation of the case. e) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. f) He shall not indulge in criminal activities. g) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 33