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2026 DAILYLAW 2852 (KAR)

SRI.RAJGURU DURAISAMY v. UNION OF INDIA

CRL.P/15123/2025 · 2026-04-15

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:20402 CRL.P No. 15123 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CRIMINAL PETITION NO. 15123 OF 2025 BETWEEN: SRI.RAJAGURU DURAISAMY, S/O. DURAISAMY, AGED ABOUT 38 YEARS, R/AT N.73A, L.K.C. NAGAR, VELLAKOIL, KANGAYAM, VELLAKOIL (M), TRIPPUR, VELLAKOIL, TAMIL NADU - 638 111. …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: UNION OF INDIA, THROUGH THE INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU (NCB), BANGALORE ZONAL UNIT, RAMANNA GARDEN, KATTIGENAHALLI, BAGALUR MAIN ROAD, YELHANKA POST, BANGALORE - 560 063. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR. …RESPONDENT (BY SMT. SHRIDEVI BHOSALE MARUTI., CGSC) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20402 CRL.P No. 15123 of 2025 THIS CRL.P. IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST IN NCB.F.NO.48/1/19/2025/BZU REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 8(c), R/W 22(b)(c), 28 AND 29 OF N.D.P.S. ACT, 1985, ON THE FILE OF XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS), AT BENGALURU (CCH33). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This petition is filed by the petitioner, is suspected accused in NCB F.No.48/1/19/2025/BZU for the offence punishable u/s.8(c) r/w Sec.22(b) (c), 28 and 29 of NDPS Act, 1985. 2. Heard Sri Nishit Kumar Shetty, learned counsel appearing for the petitioner. It is contended by the learned counsel that the petitioner is not an accused in the crime referred to above and also it is contended that the Sessions Court has already granted regular bail for Accused Nos.1 and 3. However, learned counsel contended that as the investigation is completed and charge sheet is filed before the competent court. Hence, learned counsel sought for anticipatory bail in this petition. - 3 - HC-KAR NC: 2026:KHC:20402 CRL.P No. 15123 of 2025 3. Per contra, Smt.Shridevi Bhosale Maruti, CGSC appearing for the respondent submitted that the competent court has already refused to grant anticipatory bail claimed by the petitioner herein u/s.482 of BNSS, 2023 and therefore submits that the petition may be dismissed. 4. In the light of submissions made by the learned counsel for the parties, I have carefully examined the charge sheet filed by the Investigating Officer in the proceedings in NCB F.No.48/1/19/2025/BZU on the file of XXXIII Addl. City Civil & Sessions Judge & Special Judge (NDPS) at Bengaluru. A perusal of the charge sheet indicates that the petitioner herein is not an accused in the aforementioned proceedings. It is also noted from the charge sheet that a certain amount to an extent of Rs.24,500/- has been transferred into the account of Helen Jennifer Rajaguru, wife of petitioner. Both the petitioner and his wife have failed to appear before the Investigating Officer to give their explanation. 5. In that view of the matter and taking into consideration the fact that the competent Sessions Court has already granted regular bail in favour of Accused Nos.1 and 3 - 4 - HC-KAR NC: 2026:KHC:20402 CRL.P No. 15123 of 2025 as per the order dated 05.02.2026, I am of the view that, since the petitioner herein is not an accused in the aforementioned proceedings and as such the petitioner is entitled for anticipatory bail u/s.482 of BNSS, 2023. 6. Accordingly the petition is allowed subject to the following conditions: (i) Petitioner shall appear before the Investigating Officer within one week from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. (ii) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) Petitioner shall not tamper with the prosecution witness and shall co-operate with the police for investigation and appear before them whenever called upon. - 5 - HC-KAR NC: 2026:KHC:20402 CRL.P No. 15123 of 2025 (iv) Petitioner shall not involve in similar offences in future. SD/- (E.S.INDIRESH) JUDGE SNB List No.: 1 Sl No.: 3