Prathysh V vs Station House Officer State Of Karnataka

S Vishwajith Shetty, J

Accused No.2 in Crime No.39/2025 registered by Byadarahalli Police Station, Bengaluru, for the offences punishable under Sections 8(c), 22(C), 20(b) of NDPS Act, 1985, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.39/2025 was registered by Byadarahalli Police Station, Bengaluru, for the aforesaid offences against Arun M. Jacob and petitioner herein based on the first information dated 22.01.2025 received from Karthik B, Sub-Inspector of Police, attached to Byadarahalli Police Station, Bengaluru. During the course of investigation, petitioner herein was arrested on 27.01.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.199/2025 was rejected on 18.02.2025. Therefore, he is before this Court.

Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is a student having no criminal antecedents. There is no seizure of contraband article from the possession of the petitioner in the present case. Only on the basis of the confession statement of accused No.1, petitioner has been arrested and remanded to judicial custody. Accordingly, he prays to allow the petition.

Per contra, learned Addl. SPP, who has opposed the petition submits that during the course of investigation, it is found that petitioner was the person who was supplying contraband article to accused No.1, who was arrested in the present case and from his possession, commercial quantity of contraband article has been seized in the present case. Police during the course of investigation have collected bank documents of the petitioner which would go to show that he had multiple transactions with accused No.1. Accused No.3 is absconding. Investigation of the case is under progress and at this stage if petitioner is granted bail, it would be difficult to secure his presence.

First informant, who had received credible information from Inspector of Police attached to CCB Unit, Anti Drug Squad, Bengaluru, after informing his higher officers along with staff and independent panchas had conducted a raid on 22.01.2025 to the premises within the jurisdiction of Byadarahalli Police Station and from the said premises, accused No.1 Arun M. Jacob was apprehended and from his possession, commercial quantity of contraband article allegedly MDMA Crystals, MDMA ecstasy pills and Hydro Ganga was recovered and the same was seized under a panchanama. During the course of interrogation, accused No.1 allegedly had informed the first informant that he hails Andhra Pradesh State and he is acquainted to the petitioner since the year 2018 and petitioner has been supplying him contraband articles which he was selling to his customers and earning money. He also has stated that he was giving commission to the petitioner out of the money earned by him. It is under the said circumstances, FIR was initially registered against Arun M. Jacob and the petitioner herein on 22.01.2025. During the course of investigation, petitioner who hails from Kerala was arrested on 27.01.2025. Learned Addl. SPP has produced bank account statement of accused No.1 which would go to show that on multiple occasions since month of June, 2024, he has transferred money to the account of petitioner herein. Petitioner has failed to explain the said transaction before this Court. Investigation of the case is under progress. Accused No.3 is still absconding. Accused No.1, who had earlier approached this Court in Crl.P.No.4128/2025 has withdrawn his bail petition on 15.04.2025. Since commercial quantity of contraband article has been seized from the possession of accused No.1, who has revealed during the course of interrogating that the petitioner was supplying contraband article to him and considering the rigour under Section 37(1)(b) of the NDPS Act, petitioner's prayer for grant of regular bail cannot be entertained at this stage more so since corroborative material which prima facie shows transaction between petitioner and accused No.1 has been collected by the Investigation Officer during the course of investigation. Under the circumstances, the following order:-

The petition is dismissed.