Hunthal Mani And Another v. State Of Telangana
[ 31s8 ] rN rHE HrGH .orTTLTDIHHISt. oF TELANGANA MONDAY, THE TENTH DAY OF FEBRUARY ,,.
TWO THOUSAND AND TWENTY :PRESENT:
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THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 25 OF 2O2O Between:
1. Hunthal Mani, Wife of Geenu, 2, Kimudu Susheela, Wife of Ramu, Petitioners/Accused No.7&8 AND
1. State of Telangana, Represented by its Public Prosecutor, High Court Buildings, Hyderabad.
Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petition( Accused No.7 and 8 on bail in Crime No.36712019, on the file Police Station Bhadrachalam Town dated 77/71/2079 COUNSEL FOR THE PETITIONER: M/S N.MURALI MANOHAR REDDY COUNSEL FOR THE RESPONDENT: ADDITIONAL PUBLIC PRoSEcUTOR ORDER:
HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No,2laf 20120 ORDER:
The petitioners-accused Nos.7 and 8 the present application under Sections 437 and 439 of the Code of Criminal Procedure, seeking to grant bail to them in Cr.No.367 of 2019 on the file of Bhadrachalam Town Police Station, Bhadradri Kothagudem District, registered for the offence under Section B(c) read with Section 20(b) of NDPS Act,19B5.
2.
The case of the prosecution is that on 17.11.2019 at 06.00 hours, on reliable information, the Sub-lnspector of Police along with is staff proceeded to Bhadrachalam Bus stand and apprehended 41 to 41 3, and on interrogation, they confessed that among them,8 accused went to Sileru, where an unknown person gave them a sum of Rs.5,000/-each and also gave 1B bags and distributed 3 bags and 2 bags to each person, and that while they were handing over the said bags to the persons arranged, the police caught them. The police seized total 11 ganja packets, containing 2 kgs of ganja in each packet and registered a case against the accused. 3.
Learned counsel for the petitioners submitted that the alleged seizure of gan.ja is only a false allegation and the crime alleged to have been committed by the petitioner is planted by the Police and the petitioners are falsely implicated in this case; that the petitioners are agricultural labourers who hail from Visakhapatnam, and that the petitioners are nothing to do with the alleged seized ganja and they were caught hold of by the Police while they were proceeding to their work in the early hours. Leqrned counsel further submitted that
the petitioner are middle aged women having children and living with their families at Bhadrachalam by doing labour and they are ready to abide by any condition imposed by this Court. He further submitted that earlier accused Nos.1 0 to 1 3 in the aforesaid crime were granted bail by this Court, vide order daled 22.01.2020 passed in Crl.P.No.8673 ot 2019, 4.
Learned Additional Public Prosecutor vehemently opposed to grant bail to the petitioners.
5.
Thus, in view of the nature of allegations levelled against the petitioners/accused Nos.7 and 8 as it is stated that they never indulged in similar type of activities and the alleged ganja recovered from their possession is either less than the commercial quantity or little bit higher than the commercial quantity, I am inclined to grant bail to them on certain terms and conditions. 6.
The Criminal Petition is allowed and the petitioners-accused Nos.7 and B shall be released on bail on the following terms and conditions:
(i) That each of the petitioners shall execute a personal bond for a sum of Rs.15,000/-(Rupees fifteen thousand only) with two sureties for a like sum each to the satisfaction of the Judicial First Class Magistrate, Bhadrachalam. (ii) that the petitioners shall appear before the lnvestigating Officer on 4th Saturday of every month between 10.00 AM to 2.00 PM., till completion of investigation or filing of the charge sheet, whichever is earlier.
(iii) that the petitioners shall appear before the Court concerned personally on each date of hearing till conclusion of trial.
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/ /.I (iv) that the petitioners shall not indulge in any similar type of activities, in future;
(v) that the petitioners shall not tamper with the prosecution witnesses;
(vi) that the petitioners shall co-operate with the investigating agency.
(vii) that the petitioners shall not misuse the liberty granted to them.
7.
As a sequel, miscellaneous applications, if any pending, shall stand closed.
l,t SD/. N. PURUSHO AM REDDY / /TRUE COPY / / ASSISTANT STRAR SECT ON OFFICER To, 1.
The Special Sessions Judge for Trial of Cases Under Protection of children from Sexual Offences Act-Cum-I Additional District and Sessions J udge at Khammam.
The ludicial First Class Magistrate, Bhadrachalam. The Superintendent Sub-Jail, Bhadrachalam.
The Station House Officer, Bhadrachalam town, Khammam One CC to SRI. N IYURALI MANOHAR REDDY Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. [OUT] One Spare Copy I 2.
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a T HIGH COURT f GSD] DATED: LO / 02/ 2O2O
ORDER
g( I L?"- v )t .s ..s s CRLP.No.25 of 2020 €s BAIL