Nagendra @ Nagu vs State By Hanuru Police Station

M.I. Arun, J

The present bail petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by accused No.2 in Special Case No.193/2025 pending on the file of the Principal District and Sessions Judge at Chamarajanagara. There are two accused in the said case and accused No.1 has already been enlarged on bail by the Special Court. A police report has been filed and the petitioners herein is alleged to have committed an offence under Section 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The allegations in the police report against accused nos.1 and 2 are as follows:-

Petitioner / Accused No.2 denies having committed the offence as alleged in the complaint. He denies the alleged recovery done by the police from him. He further submits that even if presuming the allegations made against him are true only an extent of 1 kg 590 grams of cannabis have been recovered from him and the offence alleged against the petitioner / Accused No.2 is not a heinous crime. It is further submitted that, as per the police report, the quantity of cannabis recovered from accused No.1 is more than what is recovered from accused No.2. It is also submitted that accused No.1 has already been enlarged on bail and accused No.2 is also required to be enlarged on bail on the ground of parity. It is further submitted that petitioner / Accused No.2 is willing to abide by any of the terms and conditions that may be imposed by this Court. It is also submitted that petitioner / Accused No.2 is a respectable and law abiding citizen and is not in a position to threaten witnesses, influence the investigation or jump bail. It is also submitted that infact the investigation is already completed and the police report (charge sheet) is already filed and his presence is not required by the police. It is also submitted that the petitioner is in custody from 15.06.2025. For the aforementioned reasons, it is prayed that he may be enlarged on bail.

Per contra, learned Additional SPP appearing for the respondent submits that, pursuant to information received from accused No.1, accused No.2 was searched and found to be in possession of 1 kg 590 grams of cannabis and it is a serious offence and bail should not be granted to him.

The question that arise for consideration is whether the petitioner / Accused No.2 is entitled to bail in the facts and circumstances of the case.

Admittedly, accused No.1 has been granted bail, who has been accused of being in possession of higher quantity of cannabis than the petitioner / Accused No.2. Further, petitioner / accused No.2 is not accused of any heinous crime. The investigation is also completed and the police report has been filed. The petitioner is in custody since 15.06.2025 till date. Further, there are about 21 witnesses yet to be examined and the trial is likely to take some time. Under these circumstances, I am of the opinion that this is a fit case for grant of bail, subject to certain conditions. Hence the following:-

ORDER

The petition is allowed.

The petitioner / accused No.2 is directed to be enlarged on bail in Special Case No.193/2025 pending on the file of the Principal District and Sessions Judge, Chamarajanagara for the offence punishable under Section 20(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:-

i. The petitioner / accused No.2 shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.

ii. The Petitioner shall appear regularly on all the dates of hearing before the trial Court unless the trial Court exempts his appearance for valid reasons;

iii. The Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

iv. The Petitioner shall not involve in commission of any offences in future;

v. The petitioner shall not leave the jurisdiction of the trial Court without permission of the said Court until the case registered against him is disposed of.