ORDER

1. This successive anticipatory bail petition is filed by accused No.6 under Section 438 Cr.P.C., for grant of anticipatory bail in Cr.No.252/2020 of Amruthahalli Police Station, Bengaluru for the offences punishable under Section 8(c), 20(b)(ii)(b), 20(b) (ii) (c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). 2. Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State.

3. The case of the prosecution is that the complainant – M.S. Bolettin, the Police Officer, on receiving the credible information, he has raided the house No.9, Chowdeshwarinilaya, 2nd main, 4th cross, Venkategowda layout, opposite to Ayyappa swamy temple, Kempapura Hebbala and apprehended the accused No.1 M. Thirupalreddy, accused No.2 Kamaleshan, accused No.3 Sathishkumar and accused No.4 Yezaz Pasha and seized 3 kgs of 300 grams of ganja and 6 kgs

657 grams of Hashish oil from their possession.

4. On interrogation of the accused persons, they have revealed that accused No.5 and 6 were given the above articles for the purpose of selling on the eve of new year celebration 2021. The accused No.1 to 4 were remanded to judicial custody and the present petitioner was named by the co-accused who was apprehended by the police. Hence, the petitioner approached the learned Sessions Judge for grant of anticipatory bail, which came to be rejected in Crl.P.No.1159/2021 on 18.03.2021 and after completion of two years two months, once again the petitioner/accused No.6 preferred this successive bail petition.

5. The learned counsel for the petitioner submits that the petitioner has been implicated based on the voluntary statement of the co-accused. It is alleged that brother of this petitioner is accused No.2. This petitioner gave two wheeler motorcycle to his brother and also it does not stand in his name. Absolutely there is no case made out against him.

Therefore, prayed for granting of the bail.

6. Per contra, learned High Court Government Pleader opposes the bail petition.

7. Having heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader and perusal of the records, especially the orders passed by this Court on earlier occasion on 18.03.2021 in Crl.P.No.1159/2021. The Police papers reveal that 5 kgs., 657 grams of Hashish oil, 3 kgs 300 grams of ganja were seized by conducting raid on the house where the accused No.1 to 4 were residing. After seizing the same, the voluntary statement of the co-accused were recorded. In the voluntary statement, they have stated that accused No.6/ the present petitioner who had supplied the ganja and Hashish oil through his brother accused No.2 for selling the same in Bengaluru on the eve of new year. The vehicle said to be sent by the petitioner through accused No.2. The said vehicle has been seized by the police from the custody of accused No.2, who is brother of this petitioner.

8. After completion of the investigation, charge sheet came to be filed. There is prima-facie material placed by the police to show that this petitioner supplied the ganja and Hashish oil through his brother accused No.2 to Bengaluru for selling the same on the eve of new year celebration, 2021.

9. This Court also rejected the bail petition of the co-

accused – accused No.2, who was in jail and the said petition was filed by accused No.2 under Section 439 of Cr.P.C. This petitioner is brother of accused No.2 Inspite of rejecting the bail petition on 18.03.2021 and inspite of more than 2 years elapsed, this petitioner has managed to escape and not cooperated with the Investigation Officer by surrendering himself and available for investigation. Still there is no changed circumstance for reconsidering the petition filed under Section

438 of Cr.P.C.

10. The Hon’ble Supreme Court in the case of G.R.

Ananda Babu v. The State of Tamil Nadu and another arising out of SLP(CRL.) No.213 of 2021, where the anticipatory bail