Kamoji Parvathalu v. The State Of Telangana

[ 3158 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO MONDAY, THE TWELFTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLEJUSTICE G SRI DEVI /''

CRIMINAL PETITION NO: 2336 OF 2021 Between:

Kamoji Parvathalu, S/o. K.sathaiah ... Petitioner/Accused AND The State of Telangana, through Station House officer, PS Prohibition and Excise Uppal, rep. by Public Prosecutor, High Court At Hyderabad ... Res p o n de nUCom p la in a nt Petition under Section 437 and 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 Petitioner/accused on bail in C.O.R.No.1012021 on the file of ,'- Prohibition and Excise Uppal Police Station Dt: 05.02.2021. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr. B. SHIVA RAM SHARMA Advocate for the Petitioner and of PUBLIC PROSECUTOR lor the .-' Respondent, the Court made the following.

ORDER:

TI{E HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.2336 ol 2021 ORDER:

This Criminal Petition, under Sections 437 and 439 of the Code of Criminal Procedure, "1973, is filed by the petitioner/accused seeking to grant bail to him in connection with C.O.R.No.10 of 2021 on the file of Prohibition and Excise Police Station, Uppal, registered for the offences punishable under Section B(c) read with Section 20(bxii)(C) of NDPS Act, 1985.

2.

Heard learned counsel appearing for the petitioner/accu sed, learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

3.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present crime and he is nowhere connected with the said case. He further submits that the petitioner is only a driver of the car and he is not connected with the alleged contraband of 22 kgs of ganja seized by the police on 05.02.2021, and he has no criminal antecedents prior to filing of the present case. He also submits that the petitioner is a law abiding citizen and he is ready to abide by any condition imposed by this Court in the event of his enlargement on bail. 4.

Learned Assistant Public Prosecutor opposed the bail application 5.

Having regard to the facts and circumstances and looking into the nature of allegations leveled against the petitioner/accused and as he is not involved in any similar type of offences earlier, without adverting to the merits of the case, I am inclined to grant bail to the petitioner/accused. IF:'

6.

The Criminal Petition is allowed and the petitioner/accused is directed to be released on bail, subject to the following terms and conditions:

(i) The petitioner/accused shall be released on bail on his executing a personal bond to the tune of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the Metropolitan Sessions Judge, L.B.Nagar.

(ii) On such release, the petitioner/accused shall appear before the lnvestigating Officer on every Saturday between 10.00 AM to 2.00 PM., till completion of investigation or filing of the charge sheet, whichever is earlier.

(iii) the petitioner/accused shall appear before the Court concerned personally on each date of hearing till conclusion of trial.

(iv) the petitioner/accused shall not indulge in any similar type of activities, in future; lf he is indulged in similar type of activities in future, liberty granted to him shall stand cancelled automatically (v) the petitioner/accused shall not tamper with the prosecution witnesses;

(vi) the petitioner/accused shall co-operate with the investigating agency.

(vii) the petitioner/accused shall not misuse the liberty granted to him.

Miscellaneous applications, if any pending in this criminal petition. shall stand closed.

ARAo i'J;l-;",ilSl$'??tlf ,,TRUE COPY'/ SECTION OFFICER

To, a 1 . The Metropolitan Session Judge at L. B Nagar.

2. The S.H.O., PS, Prohibition and Excise Uppal.

3. The Superintendent, Cherapally Jail.

4. One CC to Mr. B. SHIVA RAM SHARMA, Advocate [OPUC].

5. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT].

6. One spare copy ZEE a

/ HIGH COURT GSDJ DATED:12l0412021

ORDER

CRLP.No.2336 of 2021 BAIL