Karnataka High Court
Sri. Dinesh Kumar vs State By Hsr Layout Police Station on 9 June, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2025:KHC:19401
CRL.P No. 5216 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 5216 OF 2025
(439(Cr.PC) / 483(BNSS))
BETWEEN:
1. SRI. DINESH KUMAR,
S/O. MURUGAN,
AGED ABOUT 23 YEARS,
R/AT STREET HOUSE,
BEHIND SALAM HOTEL,
5TH CROSS, MANGAMMANAPALYA,
BOMMANAHALLI,
BENGALURU- 560 068.
NATIVE OF NO.7, 1ST STREET,
SOYA VANDIPURAM,
IRUKOILURU TALUK,
KALLUKURCHI DISTRICT,
Digitally signed
by MADHURI S TAMIL NADU-606 202.
Location: High
Court of 2. SRI. KUPPAN,
Karnataka S/O. THANDAN,
AGED ABOUT 25 YEARS,
R/AT STREET HOUSE,
BEHIND SALAM HOTEL,
5TH CROSS, MANGAMMANAPALYA,
BOMMANAHALLI,
BENGALURU- 560 068.
-2-
NC: 2025:KHC:19401
CRL.P No. 5216 of 2025
HC-KAR
NATIVE OF NO.9567,
MARIYMMA KOIL CROSS,
3RD CROSS, SOYA VANDIPURAM,
IRUKOILURU TALUK,
KALLUKURCHI DISTRICT,
TAMIL NADU-60 6202.
...PETITIONERS
(BY SRI. GIREESHA R J., ADVOCATE)
AND:
STATE BY HSR LAYOUT POLICE STATION,
BENGALURU CITY - 560 102,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU -560 001.
...RESPONDENT
(BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO
ENLARGE THEM ON BAIL IN SPL.C.C.NO.325/2025 (CRIME
NO.357/2024) FOR THE ALLEGED OFFENCES U/S 20(b)(ii)(C)
OF NARCOTIC DRUGS AND PHYCHOTROPIC SUBSTANCES ACT,
1985, REGISTERED BY THE HSR LAYOUT POLICE STATION,
BENGALURU, NOW PENDING ON THE FILE OF XXXIII
ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE
FOR NDPS ACT (CCH-33), BENGALURU.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
-3-
NC: 2025:KHC:19401
CRL.P No. 5216 of 2025
HC-KAR
ORAL ORDER
Accused Nos.1 and 2, in Spl.C.C.No.325/2025 pending before the court of XXXIII Addl. City Civil and Sessions Judge, and Special Judge for NDPS Act, Bengaluru arising out of Crime No.357/2024 registered by HSR Layout Police station, Bengaluru, for the offence punishable under Sections 20(b)(ii)(C) of Narcotic Drugs And Phychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) are before this Court under Section 483 of BNSS Act, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.357/2024 was registered by HSR Layout Police station, Bengaluru, for the aforesaid offences against the petitioners herein based on the first information dated 29.09.2024 received from Sanjay K.R., Police Officer attached to HSR Police station, Bengaluru.
4. During the course of investigation, petitioners herein were arrested on 29.09.2024 and subsequently remanded to judicial custody. Investigation of the case was completed and -4- NC: 2025:KHC:19401 CRL.P No. 5216 of 2025 HC-KAR charge sheet has been filed against the petitioners for the aforesaid offences. The bail application filed by the petitioners before the Trial Court in Crl.Misc.No.2004/2024 was rejected on 28.3.2025, therefore they are before this court.
5. Perusal of the material on record, would go to show that based on credible information received by the first informant at about 03.45 p.m., on 29.9.2024, a raid was conducted to the alleged spot where two persons were making attempts to sell the contraband articles allegedly ganja to public and on enquiry the apprehended persons mentioned their names as Dinesh Kumar and Kuppan who are the petitioners herein. It is alleged that from the possession of the apprehended accused, contraband article allegedly ganja totally weighing about 1 kg 92 gms was seized and subjected to panchanama. It is further alleged that the apprehended accused had confessed to the police that they had stored about 20 kgs of ganja in their house and therefore a raid was subsequently conducted to the house of the petitioner's at about 10.45 p.m. on 29.09.2024 and contraband article allegedly ganja totally weighing 20 kgs 519 gms was recovered -5- NC: 2025:KHC:19401 CRL.P No. 5216 of 2025 HC-KAR from the house under a separate panchanama. Therefore, according to the prosecution, the contraband article totally weighing 21 kgs 611 gms has been seized in the present case from the custody of the petitioners.
6. The material on record goes to show that the contraband article allegedly ganja totally weighing 1 kg 92 gms was seized at first instance from the possession of the petitioners and perusal of the first recovery mahazar would go to show that the said contraband article was in a plastic cover, which the accused persons were holding. In addition to the contraband article, police have also seized two mobile phones from the person of accused Nos.1 and 2 under the first recovery mahazar. Therefore, compliance of section 50 of NDPS Act becomes mandatory in so far as the first seizure is concerned. The material on record would go to show that prima facie there is no compliance of section 50 of the NDPS Act in the present case. Therefore, seizure of the contraband articles under the first recovery, mahazar gets vitiated as held by the Hon'ble Supreme Court in the case of Vijaysinh -6- NC: 2025:KHC:19401 CRL.P No. 5216 of 2025 HC-KAR Chandubha Jadeja Vs State of Gujarat reported in 2011 (1) SCC 609.
7. So far as the 2nd recovery of contraband article from the house of the petitioner's is concerned, raid was conducted to the house between 10.00 p.m. to 11.45 p.m. and total quantity of 20 kgs 519 gms of ganja was allegedly recovered from the house of the petitioners under a separate recovery panchanama which was drawn on 29.9.2024 between 10.00 p.m. and 11.45 p.m. Since the raid was conducted after the sunset the raiding squad ought to have obtained warrant as provided under Section 41 of the NDPS Act and in the event for any reason if the police had a reason to believe that search warrant or authorization cannot be obtained without affording opportunity for concealment of evidence or facility for the escape of the offender, the officer is required to record the grounds of belief for the same, and thereafter enter or search the house or building if the raid is conducted after the sunset. Undisputedly, the police have not recorded the grounds of such belief in the present case and therefore it is apparent that there -7- NC: 2025:KHC:19401 CRL.P No. 5216 of 2025 HC-KAR is no compliance of section 41 and 42 of the NDPS Act in the present case, in so far as the 2nd recovery is concerned.
8. The petitioners aged about 23 and 25 years are in custody for the last 8 months and undisputedly they do not have any criminal antecedents. Considering the fact that there is no compliance of the mandatory requirements of law as noted above the rigour under Section 37(1)(b) of the NDPS Act cannot be strictly made applicable as against the petitioners who do not have any other criminal antecedents. Under the circumstances, I am of the view that the petitioners' prayer for grant of regular bail is required to be answered affirmatively.
9. Accordingly, the following:
ORDER The petition is allowed.
The petitioners are directed to be enlarged on bail in Spl.C.C.No.325/2025 pending before the court of XXXIII Addl. City Civil and Sessions Judge, and Special Judge for NDPS Act, Bengaluru arising out of Crime No.357/2024 registered by HSR Layout Police station, Bengaluru, for the offence punishable -8- NC: 2025:KHC:19401 CRL.P No. 5216 of 2025 HC-KAR under Sections 20(b)(ii)(C) of NDPS Act, subject to the following conditions:
a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future; and
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
SD/-
(S VISHWAJITH SHETTY) JUDGE AKV List No.: 1 Sl.No.: 84