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Judgment
13 paragraphs · 426 wordsK. V. Aravind, J
This petition is filed under Section 483 on Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 by accused No.8 in Spl.C.129/2026 arising out of Cr.No.112/2025 registered by the Kempegowda Police Station, Bengaluru City for the offences punishable under Sections 20(b)(ii)A, 21(a), 22(c), 23(a) of the NDPS Act, pending on the file of XXII Addl. City Civil and Sessions Judge, C/C XXXIV Addl. District and Sessions Judge and Special Judge, (NDPS), Bengaluru.
Learned counsel for the petitioner submits that case was registered against 6 accused persons. The trial Court considering the bail application of accused No.7, allowed the application. It is submitted that the averments in the complaint against the petitioner/accused No.8 are identical to that of accused No.7.
Learned HCGP appearing for the respondent submits that if the petitioner is released on bail, he may indulge in similar activities and also may not co-operate the investigation and further trial.
Considered the submissions made by learned counsel for the petitioner and learned HCGP for the respondent. It is stated that the petitioner was not named in the FIR. However, based on the statement made by accused No.7, the petitioner has been added as accused No.8. The prima facie perusal of the FIR indicates that there are no specific allegations of involvement of the petitioner/accused No.8 in the alleged crime. Moreover, in identical circumstances, the Trial Court has granted bail to accused No.7 by order dated 09.02.2026. This Court finds no different reasons to deny bail to the petitioner. Hence, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The petitioner/accused No.8 in Spl.C.129/2026 arising out of Cr.No.112/2025 registered by the Kempegowda Police Station, Bengaluru City for the offences punishable under Sections 20(b)(ii)A, 21(a), 22(c), 23(a) of the NDPS Act, pending on the file of XXII Addl. City Civil and Sessions Judge, C/C XXXIV Addl.
District and Sessions Judge and Special Judge, (NDPS), Bengaluru, is ordered to be enlarged on bail on execution a personal bond for Rs.1 Lakhs with one surety for the likesum to the satisfaction of the trial Court;
(iii) The petitioner/accused No.8 shall not threaten or tamper with the prosecution witness or hamper the proceedings of the Court.
(iv) The petitioner/accused No.8 shall appear before the trial Court on all hearing dates without fail, unless exempted by Court.
(v) The petitioner/accused No.8 shall not indulge in any criminal activities.
In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail.