This petition is filed under Section 439 of Cr.P.C. seeking

regular bail of the petitioner/accused in Crime No.135/2022 of

Kadugondana Halli Police Station, Bengaluru City, for the offence

punishable under Sections 21(b) and 8(C) of NDPS Act.

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case of the prosecution is

that this petitioner along with other accused on 13.04.2022 at

16.00 hours, when information was received that the petitioner

and another person are indulging in selling MDMA, went along

with other staff and apprehended this petitioner, who is accused

No.1 and accused No.2 ran away from the spot and while

apprehending this petitioner, he fell down and sustained simple

injuries and after apprehending him, recovery is made to the

3

tune of 11 grams of MDMA and the matter is under investigation

and accused No.2 is yet to be apprehended.

4.

Learned counsel for the petitioner would submit that

this petitioner is in custody from 13.04.2022 and there are no

other criminal antecedents against the petitioner. The counsel

would also submit that the MDMA seized is only 11 grams i.e., 1

gram higher than the commercial quantity and no need of

further custodial investigation and already recovery is made at

the instance of this petitioner. Hence, he may be enlarged on

bail.

5.

Per contra, learned High Court Government Pleader

for the respondent-State would submit that MDMA is a

manufactured drug and 11 grams of MDMA is seized which is one

1 gram higher than the commercial quantity and though he is

not having criminal antecedents, his presence is required and

the accused No.2 is yet to be arrested. Hence, there is a prima

facie case against the petitioner herein.

4

6.

Having heard the respective counsel and also on

perusal of the material available on record, the prosecution

material discloses that this petitioner was apprehended with 11

grams of MDMA, which is a manufactured drug and accused No.2

has escaped from the spot according to the prosecution and this

petitioner is in custody from 13.04.2022 and no other criminal

antecedents against this petitioner indulging in committing

similar offence of selling MDMA. When such being the facts and

circumstances and taking note of the fact that the quantum of

MDMA seized is only 11 grams i.e., 1 gram higher than the

commercial quantity, it is a fit case to exercise the powers under

Section 439 of Cr.P.C. directing the petitioner to co-operate with

the Investigating Officer for investigation, subject to imposing

certain conditions to protect and safeguard the interest of the

prosecution. Hence, I pass the following:-

ORDER

The

Petition

is

allowed.

Consequently,

the

petitioner/accused

shall

be

released

on

bail

in

Crime

No.135/2022 of Kadugondana Halli Police Station, Bengaluru

5

City, for the offence punishable under Sections 21(b) and 8(C) of

NDPS Act, subject to the following conditions:

(i)

The petitioner shall execute personal bond for

a sum of Rs.2,00,000/- (Rupees Two Lakhs

only) with two sureties for the like-sum to the

satisfaction of the jurisdictional Court.

(ii)

The petitioner shall not indulge in tampering

the prosecution witnesses.

(iii)

The

petitioner

shall

appear

before

the

jurisdictional Court on all the future hearing

dates, unless exempted by the Court for any

genuine cause.

(iv)

The petitioner shall not leave the jurisdiction of

the Trial Court without prior permission of the

Court, till the case registered against him is

disposed of.

Sd/-

JUDGE

ST