Suresh Kumar v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1933 of 2025 ORDER:

Seeking the Court to enlarge the petitioners who are arrayed as accused Nos.1 and 2 in Crime No.159 of 2025 of Hayathnagar Police Station, Rachakonda Commissionerate, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that on 01.02.2025, a suomoto case was registered by Police based on credible information that an unknown person had brought heroin from Rajasthan and was selling it near Suryanagar Colony, Hayathnagar. Following the same, the police apprehended two individuals, Suresh Kumar and Ramesh Kumar, who were found carrying 27 grams of heroin. Suresh Kumar admitted to purchasing the heroin from Heera Ram in Rajasthan and bringing it to Hyderabad to sell at a high price. 3.

Heard Sri P. Manoj, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioners submitted that the seized contraband is only of intermediate quantity and that they were

falsely implicated with fabricated allegations, despite a lack of corroborative evidence. He further submitted that all key witnesses have been examined, making further detention unnecessary. The petitioners have been in judicial custody since 01.02.2025, causing hardship to their family. He further submitted that petitioner No.1 is suffering with HIV and petitioner No.2 is a consumer. Therefore, he prayed the Court to grant bail to the petitioners by allowing this Criminal Petition. 5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the investigation is not yet completed, therefore, granting bail to the petitioners, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition. 6.

After considering submissions from both the parties and reviewing the record, since the seized contraband is Intermediate Quantity and the petitioners are languishing in jail from 01.02.2025 and also material part of investigation is completed, as such, this Court deems it fit to grant bail to the petitioners subject to the following conditions:

i.

The petitioners shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two

sureties for a like sum each to the satisfaction of the learned XIV AMM Court, Ranga Reddy District at Hayathnagar.

ii.

The petitioners shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.

iii.

The petitioners shall abide by the conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of the BNSS).

7.

Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 13.02.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.1933 of 2025 Date: 13.02.2025 SAI