- 1 - HC-KAR CNR: KAHC010484742024 NC: 2026:KHC:50135 CRL.P No. 9033 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO. 9033 OF 2024 BETWEEN: ANJI M., S/O MANOHARAN, AGED 36 YEARS R/AT PAPANITTU VATTAM GRAMA, JANGALAPURAM POST, THIRUPATTUR TALUK, VELUR DISTRICT, TAMIL NADU 63 2000 …PETITIONER (BY SRI. K.RAVISHANKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE INSPECTOR OF POLICE, PARAPPANA AGRAHARA P.S. BENGALURU CITY BENGALURU 570 068 AND ALSO REP. BY, THE OFFICE OF THE SPP, HIGH COURT OF KARNATAKA, BENGALURU 560 100. 2. P.RANGANATH, S/O PARUVA SHETTY, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010484742024 NC: 2026:KHC:50135 CRL.P No. 9033 of 2024 CHIEF SUPERINTENDENT, CENTRAL PRISON, BENGALURU, PARAPPANA AGRAHARA, BENGALURU CITY, BENGALURU 560 100. …RESPONDENTS (BY SRI.MAHESHA P., HCGP) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.C.NO.1634/2023 (CRIME NO.36/2022) REGISTERED BY THE 1ST RESPONDENT PARAPPANA AGRAHARA PS FOR THE OFFENCE P/U/S 120-B, 424 IPC AND SECTION 8(c), 21(c), 22(c) OF NDPS ACT AND SECTION 42 OF PRISONS ACT (CHARGE SHEET FILED ONLY UNDER SECTION 120-B(IPC) PENDING ON THE FILE OF XXXIII (CCH-33) ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES, BENGALURU AS AGAINST THE PETITIONER/ACCUSED NO.5. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER This petition is filed under Section 482 of Cr.P.C. to quash the proceedings in Spl.C.C.No.1634/2023, arising out of Crime No.36/2022 dated 02.02.2022, filed by the Parappana Agrahara Police Station, Electronic City Sub Division, Bengaluru City, against the petitioner and others for the offences punishable under Sections 424 and 120B of IPC, Section 42 of Prisons Act, - 3 - HC-KAR CNR: KAHC010484742024 NC: 2026:KHC:50135 CRL.P No. 9033 of 2024 and Sections 8(c), 21(c), 22(c) of NDPS Act, 1985 pending on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS, Bengaluru (CCH-33). 2. The brief facts of the case are that, on 02.02.2022, one Veeresh P.C., 1748, a KSISF staff member, was discharging his duties at the main door of the prison in the Second Division. At that time, accused No.1, namely, Gangadhara Gurusiddappa Hebballi, who was working as an FDA in the Central Prison, came to the office to discharge his duties at about 10.00 a.m. When the security staff checked accused No.1, he was found to be carrying a lemon and flowers in his pant pocket. When he was further searched by the staff, two articles wrapped in white and black plastic covers were found concealed in his private pocket. The said articles were taken out and, upon enquiry, were found to contain LSD strips and an opium-like substance. As such, the said articles were recovered from the possession of accused No.1 and were found to weigh approximately 50 to 75 grams. Thereafter, the jail authorities apprehended accused No.1, and a detailed report was submitted to the Superintendent of Prison, Parappana Agrahara. - 4 - HC-KAR CNR: KAHC010484742024 NC: 2026:KHC:50135 CRL.P No. 9033 of 2024 3. On the basis of the said report, an FIR came to be registered against accused No.1 in Crime No.36/2022 for the offences punishable under Sections 21(b), 8(c), 22(b), 21(c), 22(c) and 18(b) of the NDPS Act, 1985, Section 42 of the Prisons Act and Section 424 of IPC. Thereafter, during the course of investigation, it was revealed that accused No.2 is the mother of the petitioner-accused No.5, and that accused Nos.5 and 6 had brought the narcotic substance from accused No.2, and handed over the same to accused No.1. Accused No.1 brought the said substance into the prison and, on earlier occasions, used to hand over the same to accused No.3, who was inside the prison. Accused No.3, in turn, used to hand over the same to accused No.4, an inmate of the prison, for the purpose of selling the same inside the prison. As such, a charge sheet came to be filed against accused Nos.1 to 8, arraying the petitioner as accused No.5, for the aforementioned offences. Accordingly, the learned Magistrate took cognizance of the said offences. Aggrieved by the same, the petitioner has preferred this petition seeking to quash the proceedings against him. - 5 - HC-KAR CNR: KAHC010484742024 NC: 2026:KHC:50135 CRL.P No. 9033 of 2024 4. Heard the learned counsel for the petitioner and learned HCGP. 5. Apart from urging several contentions, learned counsel for the petitioner primarily contented that petitioner - accused No.5 implicated in the crime only for the reason that the accused No.6 allegedly purchased the narcotic substance from his mother i.e., accused No.2. Except such allegation absolutely no other materials are available as alleged against this petitioner in the charge sheet. According to him, initially FIR registered against accused No.1 and subsequently, based on the voluntary statement of accused No.2 and 6, this petitioner has been implicated as accused. As such he contended that the proceedings against this petitioner cannot be sustained in view of settled position of law by this Court and the Hon'ble Apex Court in catena of judgments. Only based on the confessional statement of co-accused, an accused cannot be implicated for the offence under the provision of NDPS. He further contended that history ticket of the prisons placed in the charge sheet revealed that on the day of incident accused No.2 did not meet - 6 - HC-KAR CNR: KAHC010484742024 NC: 2026:KHC:50135 CRL.P No. 9033 of 2024 the present petitioner. Accordingly he prays to allow the petition. 6. Per contra, learned HCGP opposed the prayer on the ground that now charge sheet has been filed by respondent No.1-Police and charge sheet material reveals the involvement of this petitioner in the alleged crime. According to him, some other case also has been registered against the petitioner. Accordingly, prays to dismiss the petition. 7. I have given my anxious consideration both on the submission and perused the entire charge sheet materials. 8. As could be gathered from the records, on the date of the incident, i.e., on 02.02.2022, the complainant found LSD, a narcotic substance, in the possession of accused No.1. Subsequently, upon enquiry, it was revealed that accused No.6 had handed over the same to accused No.1. The said accused No.6 had obtained the same from accused No.2, who is the mother of the petitioner. Further, the allegation in the charge sheet is that accused No.1 had been indulging in such activities much prior to the date of the incident and used to bring the - 7 - HC-KAR CNR: KAHC010484742024 NC: 2026:KHC:50135 CRL.P No. 9033 of 2024 narcotic substance and hand over the same to accused No.3, who, in turn, used to hand over the same to accused No.4 for selling it inside the prison. On perusal of the charge sheet material, the only allegation against the petitioner is that accused No.2 is the mother of the petitioner and that accused No.6 had purchased the said substance from accused No.2. Except such allegation, absolutely no other allegation is made against the petitioner. Further, the petitioner has been implicated in the alleged crime solely on the basis of the voluntary statements of accused Nos.2, 4 and 6. In such circumstances, the Hon'ble Apex Court in the case of Firdoskhan Khurshidkhan v. State of Gujarat, reported in 2024 SCC OnLine SC 680, at paragraph No.26 held as under: "26. The admissibility of a confessional statement of the accused recorded under Section 67 of the NDPS Act was examined by this Court in the case of Tofan Singh (supra) and it was laid down that such confessional statements are not admissible in evidence". 9. On collocating the above findings of the Hon'ble Apex Court to the fact and circumstance of this case, the same is highly applicable to the case on hand. Since the only material - 8 - HC-KAR CNR: KAHC010484742024 NC: 2026:KHC:50135 CRL.P No. 9033 of 2024 available against this petitioner is the voluntary statement of accused Nos.2 and 4 and moreover, except the fact that accused No.2 is the mother of the petitioner, no other allegations are forthcoming in the charge sheet. Entire allegation in the charge sheet even if taken on the face value of it, no offence has been made out in the charge sheet against this petitioner. As such continuation of the proceedings against this petitioner is nothing but abuse of process of Court. Accordingly, I proceed to pass the following: ORDER i. The criminal petition is allowed. ii. The proceedings in Spl.C.C.No.1634/2023, arising out of Crime No.36/2022 dated 02.02.2022, filed by the Parappana Agrahara Police Station, Electronic City Sub Division, Bengaluru City, against the petitioner-accused No.5 for the offences punishable under Sections 424 and 120B IPC, Section 42 of Prisons Act, and Sections 8(c), 21(c), 22(c) of NDPS Act, 1985 pending on the file of XXXIII Additional City Civil and Sessions - 9 - HC-KAR CNR: KAHC010484742024 NC: 2026:KHC:50135 CRL.P No. 9033 of 2024 Judge and Special Judge for NDPS, Bengaluru (CCH-33). is hereby quashed. iii. However, it is made clear that proceedings against other accused shall continue. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 6