- 1 - NC: 2025:KHC-K:2064 CRL.P No. 200536 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200536 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MALLAYYA S/O MAHABALESHWAR PYATIMANI, AGED ABOUT 37 YEARS, OCC: DRIVER, R/AT KODLI VILLAGE, TQ: KALAGI, DIST: KALABURAGI–585 312. …PETITIONER (BY SRI B. C. JAKA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KALAGI POLICE STATION, TQ: KALAGI AND DIST: KALABURAGI-585 312, NOW REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. …RESPONDENT (BY SRI GOPALKRISHNA B. YADAV, HCGP) THIS CRL.P. IS FILED U/SEC 483 OF BNSS, 2023 PRAYING TO, ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON REGULAR BAIL IN (FIR NO.06/2025) CRIME NO.10/2025 OF KALAGI POLICE STATION, DIST. KALABURAGI REGISTERED BY KALAGI POLICE FOR THE OFFENCE PUNISHABLE U/SEC 20(B)(II)(C) OF THE NDPS ACT, PENDING Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2064 CRL.P No. 200536 of 2025 ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE AT KALABURAGI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused No.2 seeking to enlarge him on regular bail in Crime No.10/2025 registered by the Kalagi Police Station, Kalaburagi District for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act, pending on the file of the Principal District and Sessions Judge at Kalaburagi. 2. It is the case of the prosecution that: The complainant, being the police officer attached to the respondent/police, lodged a complaint stating that he had received credible information that two persons were carrying and transporting the drug, namely, Ganja, in the vehicle. After receiving the said information, the complainant, his staff and others went to the spot and - 3 - NC: 2025:KHC-K:2064 CRL.P No. 200536 of 2025 waited for the arrival of the said vehicle. Around 01-00 p.m., when he was standing on the said road, one white colour car had been parked on the said road and two persons were standing near the said car. After seeing the complainant and his staff, they tried to run away from the spot. However, they have been apprehended by the respondent/police and on an enquiry, they revealed their respective names. 3. Heard Sri B.C. Jaka, learned counsel for the petitioner and Sri Gopal Krishna B. Yadav, learned High Court Government Pleader for the respondent/State. 4. It is further submitted that the accused Nos.1 and 2 colluded with each other and they were trying to sell the Ganja and therefore they were carrying the said Ganja in the said car. After apprehending them, conducted search and seizure and seized the material which is weighing about 40 kg 38 grams worth of Rs.40,00,000/-. Therefore, a case came to be registered against the petitioner and another for the offence stated supra. - 4 - NC: 2025:KHC-K:2064 CRL.P No. 200536 of 2025 5. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offence. He has been arraigned as accused No.2 Though he is not connected with the case, he has falsely implicated in the case. The petitioner was not aware about the alleged drug and he was not driving the car. In fact, he was coming on his motorcycle. The respondent/police have apprehended him and implicated in this case. 6. It is further submitted that, except this case, he is not involved in any other cases or no other cases are filed against him of similar nature. He is the resident of Kodli village, Kalagi Taluk and working as a driver for his livelihood. The family members are depending on the income of the petitioner. Hence, he may be enlarged on bail by imposing suitable conditions. Making such submissions, he prays to allow the petition. 7. Per contra, the learned High Court Government Pleader vehemently submitted that the petitioner being arraigned as accused No.2 is an associate of accused No.1. - 5 - NC: 2025:KHC-K:2064 CRL.P No. 200536 of 2025 Accused No.1 used to purchase the Ganja from Orissa and distributing the said Ganja into various parts of the Karnataka. There are four cases pending against the accused No.1. Merely because, it is his first case, that may not be the ground to disbelieve his involvement in the transportation of the said Ganja. The petitioner and another have been apprehended by the respondent/police. The quantity of the Ganja involved in this case is 40 kg 38 grams which is coming under the purview of commercial quantity. Therefore, they are not entitled for any relief as prayed for. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that, the complainant being the police officer had received an information regarding transportation of the Ganja within its jurisdiction. On receiving the said information, he went along with his staff and saw that the car was parking on the road side and two persons were standing near the said - 6 - NC: 2025:KHC-K:2064 CRL.P No. 200536 of 2025 car. Those two persons have been apprehended and on an inquiry, they stated that they were transporting the Ganja/contraband which is weighing about 40 kg 38 grams. Therefore, the case has been registered against them. However, there is no whisper regarding the possession either conscious or actual. 9. In fact, the petitioner was riding his motorcycle and going behind the car. The fact remains that the said Ganja allegedly found in the car. Having considered the facts and circumstances of the case, it is appropriate to grant bail by imposing suitable conditions to the petitioner. 10. Hence, I proceed to pass the following : ORDER (i) The criminal petition is allowed. (ii) The petitioner is enlarged on bail in Crime No.10/2025 (FIR No.6/2025) registered by the Kalagi Police Station, District Kalaburagi for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act, pending on the file of the - 7 - NC: 2025:KHC-K:2064 CRL.P No. 200536 of 2025 Principal District and Sessions Judge, Kalaburagi, by executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court on the following conditions: a. The petitioner shall not threaten or tamper the prosecution witnesses. b. The petitioner shall appear before the Trial Court on all hearing dates without fail. c. The petitioner shall not leave the jurisdiction of the Trial Court till disposal of the case. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 28 CT:PK