- 1 - HC-KAR NC: 2025:KHC:29761 CRL.P No. 4246 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 4246 OF 2025 BETWEEN: MUNIRAJU @ ABHIGOWDA @ ABHI S/O LATE MUNI KRISHNA AGED ABOUT 26 YEARS RESIDING AT NO.215, 6TH MAIN PRAKASH NAGAR, RAJAJINAGAR BENGALURU - 5600. …PETITIONER (BY SRI TEJAS N, ADV.) AND: STATE OF KARNATAKA BY PARAPPANAGRAHARA POLICE STATION, REP BY HIGH COURT GOVT. SPECIAL PUBLIC PROSECUTOR, HIGH COURT COMPLEX BANGALORE - 560 001. …RESPONDENT (BY SRI K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ALLOW THE PETITION AND GRANT REGULAR BAIL UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE IN CRIME NO.191/2023 REGISTERED AT PARAPPAN AGRAHARA POLICE STATION FOR THE OFFENCES P/U/S.8(c),22(c),25,27(A) OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985 AND ALSO ALONG WITH SEC.42 OF KARNATAKA PRISONS AMENDMENT ACT, AND U/S 424 OF IPC WHICH IS PENDING BEFORE THE HONBLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES AT BENGALURU (CCH-33). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29761 CRL.P No. 4246 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner / accused No.3 has preferred this petition to enlarge him on bail in Crime No.191/2023 of Parappana Agrahara Police Station, Bengaluru City registered for the offence punishable under Sections 21(b) and 22(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985, Section 42 of Karnataka Prisons (Amendment) Act, 2022 and Section 424 of IPC. 2. FIR is registered on a suo motu complaint lodged by the Superintendent, Central Prison, Parappana Agrahara against accused No.1 - Girish S/o Govindappa and accused No.2 - Ram Bhavan. It is alleged that on 07.06.2023, after the said accused, under trial prisoners were produced before the Court and when they were brought back to the prison, accused No.1 was found in possession of 57 grams of brown sugar and 8 mobile phones and accused No.2 was in possession of a keypad mobile phone and one USB cable. After registering the - 3 - HC-KAR NC: 2025:KHC:29761 CRL.P No. 4246 of 2025 case, investigation was taken up. In the course of investigation, other accused were also arrested. 3. Charge sheet is filed against accused Nos.1 to 20 for the offence punishable under Sections 8(c), 22(c), 25, 27(A) of the Narcotic Drugs & Psychotropic Substances Act, 1985, Section 42 of Karnataka Prisons (Amendment) Act, 2022 and Section 424 of IPC. 4. It is alleged by the prosecution that, all the accused joined together and procured the drug and thereby committed the charge sheeted offences. 5. Learned counsel for the petitioner contended that from the possession of petitioner / accused No.3 there is no recovery and he has been falsely implicated in the case. He submits that except accused Nos.1, 3 and 19 all other accused are enlarged on bail. 6. Learned HCGP contended that, the petitioner is instrumental in procuring the drug and he being an under - 4 - HC-KAR NC: 2025:KHC:29761 CRL.P No. 4246 of 2025 trial prison, involved in criminal cases, not entitled for bail. He contended that if the petitioner is granted bail, he may once again involved in committing similar offences. 7. According to prosecution, accused Nos.1 and 2 were in dire need of money and therefore, they requested accused Nos.3 and 4, inmates of jail to procure the drug and mobile phones from known persons. It is alleged that contraband and mobile phones were handed over to accused No.1 by accused No.5 and 9. Allegation against accused No.3 i.e., petitioner herein is that as per the instruction of accused No.11, who assured him a sum of Rs.5,000/-, colluded with accused Nos.1, 5, 7, 8 and 12, and assisted in procuring the mobile phone and contraband. 8. From the petitioner there is no recovery of any drug or mobile phone. Similarly placed accused are enlarged on bail. Investigation is completed and charge sheet is filed. In the said facts and circumstances, - 5 - HC-KAR NC: 2025:KHC:29761 CRL.P No. 4246 of 2025 petitioner can be granted bail by imposing conditions. Hence, the following: ORDER Petition is allowed. Petitioner/accused No.3 in Crime No.191/2023 of Parappana Agrahara Police Station, Bengaluru City shall be released on bail subject to following conditions: a) Petitioner / accused No.3 shall execute a bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned sessions Judge. - 6 - HC-KAR NC: 2025:KHC:29761 CRL.P No. 4246 of 2025 d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. Sd/- (MOHAMMAD NAWAZ) JUDGE NMS