IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.4161 OF 2025 BETWEEN:

SRI SURESH KUMAR DAKA S/O. JATARAM, AGED ABOUT 32 YEARS, NO.26, OPPOSITE TO COUNTRY CLUB, BAGALURU, BENGALURU - 562149.

…PETITIONER (BY SRI HASMATH PASHA, SENIOR COUNSEL FOR SRI KARIAPPA N A., ADVOCATE)

AND:

STATE OF KARNATAKA BY CYBER CRIME POLICE, Digitally signed by BANGALORE CITY-560068 NANDINI D REPRESENTED BY LEARNED Location:

STATE PUBLIC PROSECUTOR, HIGH COURT OF HIGH COURT OF KARNATAKA, KARNATAKA BENGALURU - 560 001.

…RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRYAING TO ENLARGE HIM ON BAIL IN CRIME NO.33/2023 OF CYBER CRIME P.S., BANGALORE CITY, PENDING IN SPL.C.NO.242/2024, ON THE FILE OF XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS CASES, BANGALORE, FOR OFFENCES P/U/S

66(c),66(d) OF I.T ACT, U/S 18(b) OF NDPS ACT.

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.No.242/2024 pending before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bangalore, arising out of Crime No.33/2023 of Cyber Crime Police Station, Bangalore, for offences punishable under Sections 66(c),66(d) of the Information Technology Act and Section 18(b) OF NDPS Act, is before this Court seeking regular bail under Section 439 of Cr.P.C.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.33/2023 was registered by Cyber Crime Police Station, Bangalore, for the aforesaid offences against one Gangaram and others based on the first information dated 12.10.2023 received from Shravan Kumar, S/o Krishnarao Patil. During the course of investigation, petitioner herein and other two accused were arrested on 12.10.2023 and subsequently remanded to judicial custody. After completing investigation, charge-sheet has been filed against three persons and the petitioner is arraigned as accused No.2 in the charge-sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.3988/2024 was rejected on

19.06.2024, therefore, he is before this Court.

4. Learned Senior Counsel appearing for the petitioner submits that the allegation against all the accused in the charge-sheet is identical. Accused Nos.1 and 3 have been granted regular bail by the Sessions Court in Spl.C.C.No.242/2024 by Order dated 22.03.2025 on the ground that the seized contraband article is of intermediate quantity. He submits that the seized contraband article as found from the FSL report is husk of a plant known as papaver. In the Judgment of the Hon'ble Supreme Court in the case of AJAIB SINGH Vs. STATE OF PUNJAB - (2000) 4 SCC 510, it has been held that husk has to be considered as poppy straw and as per the relevant Notification issued under the provisions of Narcotic Drugs & Psychotropic Substances Act, 1985, quantity of poppy straw weighing above 50 Kgs. is treated as commercial quantity and accordingly, prays to allow the petition.

5. Per contra, learned High Court Government Pleader has opposed the petition submitting that seized contraband article in the present case is of commercial quantity. The order passed by the Sessions Court granting regular bail to accused Nos.1 and 3 is being challenged by the State. Petitioner hails from Rajasthan State. In the event he is enlarged on bail, chances of he fleeing away from justice are more and accordingly, prays to dismiss the petition.

6. Perusal of the material on record would go to show that allegation against accused Nos.1 to 3 in the charge-sheet are identical. It is not in dispute that accused Nos.1 and 3 have been granted regular bail by the jurisdictional Sessions Court by order dated 22.03.2025 on the ground that seized contraband article is of intermediate quantity. The said order has not been que