Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:21401 CRL.P No. 15118 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 15118 OF 2025 BETWEEN:
SRI.RAJGURU 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, YELAHANKA POST BANGALOE - 560 063.
REPRESENTED BY SPECIAL PUBLIC PROSECUTOR &RESPONDENT (BY SMT. SHRIDEVI BHOSALE MARUTI, CGSC)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) OF CR.P.C PRAYING TO THE PETITIONER IN THE EVENT OF HIS
Digitally signed by R MANJUNATHA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:21401 CRL.P No. 15118 of 2025
ARREST IN NCB F .NO.48/1/11/2025/BZU REGISTERED FOR THE OFFENCE P/US/ 8(c) R/W SEC.22(C), 33(c), 27A, 28 AND 29 OF NDPS ACT 1985 PENDING ON THE FILE OF XXXIII ADDL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (NDPS) AT BENGALURU (CCH-33).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
Heard Sri Nishit Kumar Shetty, learned counsel for the petitioner and Smt.Shridevi Bhosale Maruti, learned CGSC for the respondent.
2. Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is filed with the following prayer:
"Wherefore, it is respectfully prayed that this Hon'ble Court may kindly be pleased to grant anticipatory bail to the petitioner in the event of his arrest in NCB.F.No.48/1/11/2025/BZU registered for the offence punishable under Section 8(c) read with 22(c), 33(c), 27A, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985."
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HC-KAR NC: 2026:KHC:21401 CRL.P No. 15118 of 2025
3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under:
In respect of a crime registered against Selvakumar, in NCB.F.No.48/1/11/2025/BZU registered for the offences punishable under Section 8(c) read with 22(c), 33(c), 27A, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), a notice was issued to the petitioner who approached before the competent authority namely Narcotics Drugs Bureau. He was again required to appear before them, but he failed to do so on the ground of ill-health of his father-in-law. Thereafter, investigation is completed and charge sheet is filed.
4. Allegation as could be seen from the charge sheet material which is part of the objection statement would go to show that the present petitioner has transferred the money through Bitcoin in a sum of Rs.45,000/- and earned the profit of Rs.300/- for the transaction which has taken place with the accused and others.
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HC-KAR NC: 2026:KHC:21401 CRL.P No. 15118 of 2025
5. According to the respondent, petitioner is also an active member of the group, inasmuch as, he has procured the money for the other accused to buy drugs and then deal with the same. Petitioner has also been summoned in respect of yet another case in Crl.P.No.15123 of 2025, wherein the Co-ordinate Bench of this Court granted anticipatory bail to the petitioner.
6. In other words, the petitioner not being named as an accused in the charge sheet, he is apprehending the arrest by the respondent on the ground that he may also be arraigned as an accused in the case.
7.
Taking note of the attendant
facts and circumstances, since real apprehension of arrest is made out, following the dictum of Hon'ble Apex Court in the case of Gurbaksh Singh Sibbia and Others Vs. State of Punjab1 and Siddharam Satlingappa Mhetre Vs. State
1 (1980) 2 SCC 565
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HC-KAR NC: 2026:KHC:21401 CRL.P No. 15118 of 2025
of Maharashtra2, this Court is of the considered opinion that if the petitioner is directed to join the investigation and undergo limited period of custodial interrogation and thereafter let on bail ends of justice would be met. Accordingly, without expressing any further opinion on merits of the matter, the following order is passed:
ORDER i) Petition is allowed.
ii) Petitioner is directed to join investigation by appearing before the investigating officer positively on 30.04.2026 at 9.00 a.m.
iii) Investigation agency is at liberty to take him to custody and complete the custodial interrogation on the same day before 6.00 p.m. and thereafter enlarge him on bail on taking a bond in a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of investigation agency.
iv) Petitioner shall co-operate with investigation agency in all respects including furnishing the Passport, Mobile PIN, Email ID etc to unearth
2 (2011) 1 SCC 694
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HC-KAR NC: 2026:KHC:21401 CRL.P No. 15118 of 2025
the true facts and involvement of petitioner in incident, if any.
v) If the petitioner is arraigned as an accused, he shall appear before the Trial Court regularly upon filing the additional charge sheet.
vi) Petitioner shall not tamper the prosecution evidence in any manner whatsoever. Ordered accordingly.
Sd/- (V SRISHANANDA) JUDGE
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