KAYIPALLE MALLIKARJUN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.No.101208/2022 filed by the petitioner/accused No.2 and Crl.P.No.101302/2022 is filed by the accused Nos.1 and 3 under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for short) for granting bail in Crime No.42/2022 registered by Kurugod police for the offence punishable under Sec. 20b of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act', for short).

(2.) Heard the arguments of the learned counsel for petitioners in both the petitions and learned High Court Government Pleader for respondent.

(3.) The case of the prosecution is that one Mounesh Rathod, PSI of Kurugodu Police Station registered a suo motu case against the petitioners alleging that he received a wireless message that some three persons were selling ganja near the land of one H.R. Gaviyappa. After registering the case, the police officer along with the team and panchas went to the spot and saw the accused No.1 was holding the bag and accused No.2 was calling the public and accused No.3 was collecting money. The police arrested all the three persons and found a luggage bag containing 1.390 grams ganja. The accused were selling the same without permit or licence. Hence, they were arrested and seized ganja under a panchanama and taken them to the custody and they have been remanded to judicial custody. The bail petitions filed before the District Court came to be rejected. Hence, they are before this Court.