Naragani Venkatesh v. The State Of Telangana
[ 3rs8 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD a, MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWOTHOUSANDANDTWENTY .
:PRESENT:
THE HON.BLE JUSTICE G SRI DEVICRIMINAL PETITION NO: 969 OF 2020' Between:
Naragani Venkatesh, S/o. Prabhakar, ....Petitioner/Accused -1 AND The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, At Hyderabad ....Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner on bail in Crime No. 170 of 2019 on the file of Prohibition and Excise Station, Uppal, Ranga Reddy District _The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI.A.PRABHAKAR RAO Advocate for the Petitioner and ADDL. PUBLIC PROSECUTOR (TG) lor Resp5ndent, the Court made the lollowing.
ORDER
g?-
IIONOIJRABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.969 OF 2O2O ORDER:
The petitioner/A- 1 filed the present Criminal Petition under Sections 437 and 439 of the Code of Criminal Procedure seeking to grant bail to him in Crime No.170 of 2019 of P.S. Uppal, Ranga Reddy District, which was registered for the offence punishable under Section 8(c) read with Section 20 (b)(ii)(c) of the NDPS Act, 1985.
The allegation against the petitioner/A-i is that on 09.11.2019 at 9.3O am, the SHO, P.S. P & E Uppal alongwith his staff conducted route watch at Bus Stop, Nehru Nagar, Mallapur, Uppal and found A-1 and A-2 proceeding in Tiago Car bearing No.TS-27-A-2007 and stopped them and on search found them in possession of 22 kgs of dry ganja in 11 packets each weighing 2 kgs and seized the same under a cover of panchanama.
Learned Additional Public Prosecutor opposed to grant bail to the petitioner/A- 1.
Learned counsel for the petitioner/A- 1 submits that the petitioner/A-1 has not committed any offence and no ganja was seized lrom the possession of the petitioner. The petitioner was implicated on the premise that ganja was found in the vehicle. Petitioner has nothing to do with the vehicle nor was the vehicle used for carrying ganja. It is further submitted that police completed investigation and therefore, release of the petitioner \-.*-
c may not cause any prejudice to the case of the prosecution. The petitioner is having fixed address and properties and undertakes to co-operate with the police till the conclusion of trial. Hence, it is prayed to consider the petitioner's application for bail. Looking into the facts and circumstances of the case and taking into consideration the gravity of the offence alleged and as the ganja seized from the petitioner is little bit higher than the commercial quantity and the petitioner has been in jail since 09.11.2019, I am inclined to grant bail to the petitioner/A-1. The Criminal Petition is allowed and the petitioner/A- 1 shall be released on bail on the following terms and conditions: (i) That the petitioner/A-l shall execute a personal bond for Rs. 15,000/ - (Rupees fifteen thousand only) with two sureties for a like sum each to the satisfaction of the Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B. Nagar.
(ii) that the petitioner/A- I shall not tamper with the prosecution witnesses;
(iii) that the petitioner/A- I shall co-operate with the investigating agency.
(i") that the petitioner/A- 1 shall not misuse the liberty granted to him.
(v) That the petitioner/A- 1 shall not indulge in similar type of activities in future. If it is found that he is indulged in similar type of activities in future, liberty granted to him shall automatically stands cancelled. ("i) That the petitioner/A-l shall appear before the Station House Officer on every Saturday between 10 am to 5 pm till filing of charge sheet and shall personally appear before the Court below on each and every adjournment till the conclusion of trial.
Miscellaneous applications pending, if any, shall stand closed.
Y sD/- cH . VENKATES AR ASSISTANT EGI R //TITUE COPY// For ASSIST GISl'IL{II Td The Metropolitan Sessions Judge, Cyberabad Ranga Reddy District at L.B.Nagar. The Superintendent, Central Prison, Chenchalguda. The Station House Officer, Prohibition & Excise Police Station, Uppal, Ranga Reddy District.
One CC to SRI. A PRABHAKAR RAO Advocate [OPUC] Two CCs PUBLIC PROSECUTOR (TG), High Court at Hyderabad (OUT) One spare copy I
HIGH CoIIIIT GSD..I DATED; 24.02.2020 cRL.P.NO.969 ()F 2020 'o\"t\\ >l!
.\ a BAIL ,$) c