Dharavath Harish v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.2167 of 2025 ORDER:
Seeking the Court to enlarge the petitioner who is arrayed as accused No.1 in Crime No.01 of 2025 of Thorrur Police Station, Mahabubabad District, on bail, the present Criminal Petition is filed.
2.
The brief facts of the case are that on 01.01.2025, at 7:15 am, Police Sub-Inspector Ramji Naik received reliable information about a person carrying refined ganja in a black bag near Petrol Bunk at Dubba Thanda, Thorrur village. He verified the information, informed his superiors, and sent a letter to the Tahsildar requesting two officials to act as panch witnesses. At 8:30 am, the officials, along with a videographer and a weighing person, arrived at the police station. They proceeded to the location, where they found a person, later identified as Dharavath Hareesh, carrying a black bag containing ganja. Hareesh was apprehended, and upon inquiry, revealed that he was in the habit of smoking ganja and had been purchasing and selling it for the past three months. The seized ganja was weighed, packed, and sealed, and Hareesh's cell phone was also seized.
3.
Heard Sri B. Balaji, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State. 4.
Learned counsel for the petitioner submitted that the seized contraband is only of small quantity and that he was 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 petitioner has been in judicial custody since 01.01.2025, causing hardship to his family. 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 petitioner stating that the investigation is not yet completed, therefore, granting bail to the petitioner, 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 small Quantity and the petitioner is languishing in jail from 01.01.2025 and also material part of investigation is completed, as such, this Court
deems it fit to grant bail to the petitioner subject to the following conditions:
i.
The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Thorrur.
ii.
The petitioner 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 petitioner 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: 18.02.2025 SAI
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.2167 of 2025 Date: 18.02.2025 SAI