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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF DECEMBER, 2022

BEFORE

THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION No.10210/2022

BETWEEN:

MR. PRADEEP S.M,

S/O MALLU

AGED ABOUT 31 YEARS

C/O KAMALAMMA HOUSE

3^RD CROSS, SINGAIANAPALYA

MAHADEVPURA

BENGALURU

PERMANENT R/O SANABADAKOPPALA VILLAGE

CHIKKULI HOBLI

PANDAVAPURA TALUK

MANDYA DISTRICT

...PETITIONER

(BY SRI. HARISH V.S, ADVOCATE)

AND:

STATE OF KARNATAKA

THROUGH STATION HOUSE OFFICER

RAMAMURTHY NAGAR POLICE STATION

BENGALURU

... RESPONDENT

(BY SRI. K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

439 OF CR.P.C, PRAYING TO ENLARGE THE PETITIONER ON

BAIL IN CR.NO.333/2022 OF RAMAMURTHY NAGAR P.S.,

BENGALURU CITY FOR THE OFFENCES P/U/S 20(B) AND

22(C) OF N.D.P.S. ACT PENDING BEFORE X ADDL.C.M.M.

COURT, MAYO HALL, BENGALURU CITY.

THIS PETITION HAVING BEEN HEARD AND RESERVED

FOR

ORDERS

ON

30.11.2022,

COMING

ON

FOR

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‘PRONOUNCEMENT OF ORDER’ THIS DAY, THE COURT

MADE THE FOLLOWING:

ORDER

The petitioner/accused No.1 has filed this

petition under Section 439 of Cr.P.C. for enlarging him

on bail in Crime No.333/2022 Ramamurthy Nagar

Police Station, Bengaluru City, registered for the

offences punishable under Sections for the offence

punishable under Section 22(C) and 20-B of Narcotic

Drug and Psychotropic Substances Act, 1985 (‘NDPS

Act’ for short) pending on the file of 10^th Additional

CMM Court, Mayo Hall, Bengaluru City.

2.

The brief factual matrix leading to the case

are that, on 02.09.2022 at 8.00 p.m., when the

complainant-PSI

was

discharging

his

duty

in

Ramamurthy

Nagar

Police

Station,

he

received

credible

information

that

in

Kasturinagara

at

Krishnarajapura Railway Station, near the Compound

wall two persons were selling contraband to the public

in order to have unlawful gain. He has immediately

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informed the matter to DCP of East Division and ACP of

Banasawadi Sub-division and obtained their permission

to conduct raid. He has also secured panchas to the

station, and along with staff and panchas and other

required materials including tools, went to the spot at

8.40 p.m.. and started surveying the area. Then he

found that two persons were carrying bags came there

and were trying to sell the contraband articles to the

public. Then they surrounded them and apprehended

them. The petitioner is one of them and he is arraigned

as Accused No.1 and he was found in possession of 12

grams MDMA, while Accused No.2 was found in

possession of ½ Kg. of Ganja. When the Investigating

Officer interrogated them, they disclosed that, they

have secured the said articles from a different person

at KGF Railway Station and selling the same in order

to have unlawful gain. Then the complainant sent a

requisition to ACP, since search was required to be

conducted in presence of the Gazetted Officer and ACP

came to the spot in the night at 22.15 hours and he

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informed the petitioners that, he is the Gazetted

Officer and they are at liberty to get them personally

checked either in presence of Gazetted Officer or

nearest Magistrate, and the petitioner disclosed that he

has no objection for getting searched in presence of

ACP and on searching, the petitioner was found in

possession of 12 grams of MDMA substance while,

Accused No.2 was found in possession of half (½) Kg.

of Ganja and cash and the same were seized and

mahazar was drawn. The petitioner was arrested and

produced before the learned Magistrate and he was

remanded to judicial custody. The petitioner has

approached the learned Special Judge with a bail

petition and learned Special Judge has rejected the bail

petition and hence, he is before this Court.

3.

Heard

the

learned

counsel

for

the

petitioner/Accused and the learned HCGP for the

Respondent-State. Perused the records.

4.

Learned counsel for t