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2025 DAILYLAW 78246 (KAR)

SUMAN MAZUMDAR v. STATE OF KARNATAKA

CRL.P/14063/2025 · 2025-11-07

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45336 CRL.P No. 14063 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14063 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SUMAN MAZUMDAR S/O. SANTOSH MAZUMDAR AGED ABOUT 30 YEARS R/AT No.40, NEAR ZIBONI STORE JAPORIGOGE, DISPUR KAMAROOPA METRO DISTRICT, ASSAM. …PETITIONER (BY SMT. MANJULA MUNAVALLI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY KALASIPALYA POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU -01. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED No.4 ON REGULAR BAIL IN CR.No.155/2025 OF KALASIPALYA P.S. BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 8(c) R/W 20(b) OF THE NDPS ACT PENDING ON THE FILE OF THE LEARNED XXXIII Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45336 CRL.P No. 14063 of 2025 ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE (NDPS) BNEGALURU. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.4 under Section 483 of BNSS praying to grant bail in Crime No.155/2025 of Kalasipalya Police Station, Bangalore registered for offences under Section 8(c), 20(b) of NDPS Act. 2. Heard learned counsel for the petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that on search in the flat of petitioner and accused No.5 at their instance, contrabands have been seized. The names of the petitioners have not been disclosed by accused No.1 and they have been secured at the instance of some police officer. Petitioner had met with an accident and implants are fixed in his forearm and it requires to be removed. On these grounds, she prayed to allow the petition. - 3 - HC-KAR NC: 2025:KHC:45336 CRL.P No. 14063 of 2025 4. Per contra, learned HCGP contends that 19 LSD strips and ecstasy pills - 28 grams are being seized at the instance of this petitioner/AccusedNo.4 from his flat. The said quantity seized from the possession of this petitioner is a commercial quantity. The petitioner is not suffering from any ailment which requires immediate treatment and he has not made out grounds for grant of bail on medical grounds. The investigation is in progress. If the petitioner is granted bail, there are chances of him hampering the investigation, tampering the prosecution witnesses, and committing similar offence. With this, she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint, remand application and other materials placed on record. 6. That on 22.07.2025, the complainant has received credible information that a person is attempting to sell contraband to customers and they conducted raid, caught him and found 900 grams of ganja, 30 grams of charas - 4 - HC-KAR NC: 2025:KHC:45336 CRL.P No. 14063 of 2025 and seized under mahazar. The said person is accused No.1. The said accused No.1 gave voluntary statement and on the basis of the same, accused Nos.2 and 3 were arrested. The said accused No.1 also gave information and based on the same, this petitioner and accused No.5 were arrested and at their instance, in their flat, 19 LSD strips and Ecstasy pills 28 grams have been seized and 28 grams of MDMA has been seized at the instance of accused No.5. The contraband seized from the possession of the petitioner/accused No.4 is commercial quantity. Therefore, the rigor of Section 37 of NDPS Act, 1985, would apply. At this stage, there are no grounds to say that the petitioner is not involved in commission of offence under NDPS Act. 7. The petitioner said to have sustained fracture of right forearm and implant has been fixed. On perusal of the X-ray furnished, the said X-ray is dated 03.10.2024. On perusal of the certificate enclosed the said implant requires to be removed. There is no emergency has been stated for removal of the said implant in the said - 5 - HC-KAR NC: 2025:KHC:45336 CRL.P No. 14063 of 2025 certificate. Considering the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 17 Ct.sm