Moturi Venkatalakshmi Harikumar v. The State Of Telangana

THE HONONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.3550 of 2025 ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') seeking bail to the petitioner/accused No.3 in Crime No.237 of 2024 on the file of Prohibition and Excise Station, Dhoolpet, registered for the offences punishable under Section 8(c) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act').

2.

The case of the prosecution is that on 27.08.2024, on receipt of credible information, the Police apprehended the petitioner and other accused and seized 4.248 kgs. of Hash oil/ganja oil/weed oil. Basing on the same a case was registered in Crime No.237 of 2024. 3.

Heard Mr.B.Srinivas Rao, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent No.1-State.

4.

Learned counsel for the petitioner submitted that petitioner has not committed alleged offence and he was falsely implicated in the said crime. He further submitted that the petitioner was arrested on 27.08.2024 and since then he is in jail and he is not having any criminal antecedents. He further submitted that entire investigation is completed and accused Nos.1 and 2 in the said crime were already released on bail and the petitioner is ready to cooperate with the investigation and also ready to abide the conditions, which are going to be imposed by this Court and hence, prayed for grant of bail.

5.

Per contra, learned Additional Public Prosecutor submitted that petitioner/accused No.3 has committed grave offence under Section 8(c) r/w 20(b)(ii)(C) of NDPS Act. He further submitted that the investigation is under progress and at this stage, the petitioner is not entitled for grant of bail. 6.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that petitioner was arrested on 27.08.2024 and no criminal antecedents are reported against the petitioner/accused

No.3 and accused Nos.1 and 2 in the said crime were already released on bail.

7.

Taking into consideration the facts and circumstances of the case and submissions made by the respective parties, this Court is inclined to grant bail to the petitioner/accused No.3, subject to the following conditions:

(i) The petitioner/accused No.3 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 I Additional Chief Judicial Magistrate at Nampally, Hyderabad.

(ii) The petitioner/accused No.3 shall appear before the concerned SHO at 11.00 A.M. on every Monday, for a period of eight (8) weeks or till filing of charge sheet whichever is earlier, for the purpose of investigation and thereafter, as and when required.

iii) The petitioner/accused No.3 shall abide by the conditions stipulated in Section 483 (3) of BNSS.

(iv) After release, if the petitioner is involved in similar offence, the bail granted by this Court shall be cancelled.

8.

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

___________________________ JUSTICE J.SREENIVAS RAO Date: 18.03.2025 vsl