CHANDULA S/O. MODARAM Vs. STATE BY HEBBAGODI POLICE STATION BANGALORE REP. BY SPP, HIGH COURT BANGALORE-560 001

JUDGEMENT

(1.) APPREHENDING their arrest by Hebbagodi police in connection with the case in Crime No. 551/2012 registered for the offences punishable under Sections 17 and 18 of N.D.P.S. Act, these petitioners arraigned as accused Nos. 2 and 3 have presented this petition under Section 438 of Cr.P.C. seeking relief of anticipatory bail. According to the case of the prosecution, on 11.10.2012 PSI, Hebbagodi police station received credible information that a person, aged about 35 years is trying to sell opium in front of BTL college and immediately, PSI informed the said message to DYSP and after obtaining necessary permission, along with panchas and staff went near the college and apprehended the person, who was found with a Tiffin box in his hand and the said person disclosed his name as Omprakash, S/o. Kallaram (Accused No. 1). He was found possessing opium in small covers inside the Tiffin box. On weighing, the opium was found weighing about 380 grams. On interrogation, accused No. 1 said to have disclosed that these two petitioners had handed over the said opium to him for selling the same near the college so as to earn good money. On the basis of the said statement of accused No. 1, these two petitioners were arraigned as accused Nos. 2 and 3.

(2.) ON coming to know of the same, these petitioners approached the learned Sessions Judge for relief of anticipatory bail. However, the said petition came to be rejected by the learned Sessions Judge. Therefore, these petitioners are before this Court.

(3.) I have heard the learned counsel for the petitioners and learned High Court Government Pleader. Perused the records made available.