Criminal Petition No. 7610 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23937 CRL.P No. 7610 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7610 OF 2025 BETWEEN: ANJOOM REHAMAN @ ANJOOM S/O MUSTAFA, 27 YEARS R/AT NO.60, GOWDA APARTMENT 9TH MALIN, ITI LAYOUT, BANDEPALLYA BANGALORE-560 068 (BY SRI. VISHWANATHA K.S, ADVOCATE) …PETITIONER AND: STATE OF KARNATAKA HSR LAYOUT POLICE STATION BANGALORE-560 102 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001
Legal Reasoning
(BY SMT. WAHEEDA M.M, HCGP) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA …RESPONDENT THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.336/2024 OF HSR LAYOUT POLICE STATION BANGALORE, FOR OFFENCES P/U/S 8(c), 22(c), 23(a) OF NDPS ACT, WHICH IS PENDING IN SPL.CC NO.740/2025 ON THE FILE OF THE HON'BLE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND - 2 - NC: 2025:KHC:23937 CRL.P No. 7610 of 2025 HC-KAR SPECIAL JUDGE FOR NDPS BANGALORE, ON SUCH TERMS AND CONDITIONS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.2 in Spl.C.C.No.740/2025 pending before the Court of 33rd Additional City Civil and Sessions Judge and Special Judge for NDPS, Bengaluru, arising out of Crime No.336/2024 registered by HSR Layout Police Station, Bengaluru, for the offences punishable under Sections 8(c), 22(c), 23(a) of Narcotic Drugs and Psychotropic Substances Act (for short, referred to as "NDPS Act"), is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.336/2024 was registered by HSR Layout Police Station, Bengaluru, for the aforesaid - 3 - NC: 2025:KHC:23937 CRL.P No. 7610 of 2025 HC-KAR offences against Abhishek Gowda and the petitioner based on the first information received on 09.09.2024 from Mohammed Mukaram, Police Officer attached to Anti-Narcotics Squad, CCB, Bengaluru. 4. During the course of investigation, petitioner herein was arrested on 13.09.2024 and subsequently, remanded to judicial custody. After completing investigation, chargesheet has been filed against two persons and petitioner is arraigned as accused No.2 in the chargesheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.2363/2025 was rejected on 08.04.2025. Therefore, he is before this Court seeking regular bail. 5. Learned counsel for the petitioner submits that except the confession statement of accused No.1 in whose name the suspected parcel has arrived from Belgium, there is absolutely no other material to connect the petitioner to the crime in the present - 4 - NC: 2025:KHC:23937 CRL.P No. 7610 of 2025 HC-KAR case. Investigation of the case is completed and chargesheet is filed. In the criminal case which was registered earlier against the petitioner, he has been enlarged on bail. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP, who was granted time to make her submission, after getting necessary instructions, submits that except the confession statement of accused No.1, there is no other material to connect the petitioner to the crime. 7. Submissions made by both the sides are placed on record. 8. Perusal of the material on record would go to show that based on credible information received on 09.09.2024, the first informant, after obtaining necessary permission from his higher officers, had conducted a raid to the office premises of a private company in which accused No.1 was working and had recovered a parcel which was addressed in the - 5 - NC: 2025:KHC:23937 CRL.P No. 7610 of 2025 HC-KAR name of accused No.1, shipped from Belgium and in the said suspected parcel, contraband articles MDMA Ecstasy weighing 469 grams and LSD weighing 19 grams were found. Thereafter, accused No.1 was arrested and the aforesaid contraband articles were seized under a panchanama. 9. It appears that during the course of investigation, accused No.1 has confessed that the parcel in which contraband articles were found was booked in his name by the petitioner herein, who is his friend and co-employee in a company in which he was working earlier. It is under these circumstances, petitioner is arraigned as accused in the present case. 10. Learned HCGP, on instructions has submitted that except the confession statement of accused No.1, there is no other material to connect the petitioner to the crime in the present case. In the crime registered earlier against accused, he has already been enlarged on bail. - 6 - NC: 2025:KHC:23937 CRL.P No. 7610 of 2025 HC-KAR 11. The Hon'ble Supreme Court in the case of TOOFAN SINGH VS. STATE OF TAMIL NADU reported in AIR 2020 SC 5592 has held that confession statement of a co-accused recorded under Section 67 of the NDPS Act is not an admissible. 12. Accused No.1 was arrested in the present case and he has been granted regular bail in Crl.P.No.4939/2025 disposed of on 09.06.2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail requires to be answered affirmatively. Accordingly, the following:
Decision
ORDER (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Spl.C.C.No.740/2025 pending before the Court of 33rd Additional City Civil and Sessions Judge and Special Judge for NDPS, Bengaluru, arising out of Crime No.336/2024 registered by HSR Layout Police Station, Bengaluru, for - 7 - NC: 2025:KHC:23937 CRL.P No. 7610 of 2025 HC-KAR the offences punishable under Sections 8(c), 22(c), 23(a) of NDPS Act, subject to following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum (out of which, one shall be local surety), to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. PKS/List No.: 1 Sl No.: 38 SD/- (S VISHWAJITH SHETTY) JUDGE