Kovasi Sona v. The State Of Telangana
123321
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD It WEDNESDAY, THE TWENTY FOURTH EAY OF A TWO THOUSAND AND NINETEEN :PRESENT:
THE HONOURABLE SRIJUSTICE SANJAY KUMA CRIMINAL PETITION NO: 2064 OF 2019 Between:
Kovasi Sona, S/o. Unga, Petitioner/Accused No.2 AND The State of Telangana, Rep. by its Public Prosecutor High Couft at Hyderabad I RespondenUCom plai nant Petition under Section 437 and 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 enlarge the Petitioner/Accused No. 02 on bail in Crime No. 6212019 Bhadrachalam Town Police Station dated 24.03.2019 The petition coming on for hearing, upon pe;using the Petition and the affidavit filed in support thereof upon hearing the arguments of SRI N N4URALI IVANOHAR REDDY Advocate for the Petitioner and the PUBLIC PROSECUTOR for the Respondent, the Court made the following ORDER:
HONOURABLE SRI JUSTICE SANJAY KUMAR CRIMINAL PETITION No.2064 OF 2019 OR.DER:
The petitioner is A.2 in Crime No.6]2 of 2019 registered on the file of Bhadrachalam Town Police Station, under Section 8(C) read with Section 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. By way of this petition, he seeks regular bail under Sections 437 and 439 Cr.P.C. Learned Assistant Public Prosecutor, State of Telangana, would inform this Court that the investigation has been completed substantially and the FSL report is awaited. The remand report shows that the petitioner-A.2 was found in possession of about 18.400 kgs of dry ganja and A.1 to A.4 who :, were travelling separately by the same bus were carrying a separate quantity and in all the dry ganja seized from all of them aggregated to 63.400 kgs. Sri N. Murali Manohar Reddy, learned counsel for the petitionerA.2, would assert that the petitioner-A.
2 and the other accused had nothing to do with each other and that the mere factum of their travelling by the same bus resulted in a joint case belng instituted against them. He would therefore assert that the petitioner-A.2 is entitled to be enlarged on bail as he has been in prison since 24.3.2019.
Learned Assistant Public Prosecutor would point out that the petitioner-A.2 is from the State of Odisha and that it would be difficult for the police to ascertain his whereabouts.
Giving the aforestated circumstances, this Court is of the opinion that the petitioner-A.2 can be enlarged on bail on conditions. The petitioner-A.2 is directed to be enlarged on bail upon his furnishing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial First Class Magistrate, Bhadrachalam. As the learned Assistant Public Prosecutor would voice the apprehension that the petitioner-A.2 may abscond as he does not belong to
this State, the petitioner-A,2 shall furnish two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, one being a local surety and the other a native surety from his village in the State of Odisha, to the satisfaction of the learned ludicial First Class Magistrate at Bhadrachalam. Further, to ensure that he keeps the police informed about his whereabouts, the petitioner-A.2 shall report before the Station House Officer, Bhadrachalam Town Police Station, on every Sunday between 10.00 AM and 11.00 AM until completion of the trial.
The criminal petition is accordingly allowed. l n Sd/- T.KRISI{NA UMAR ASSIST ISTRAR //TRUE COPY// For ASSIST T REGISTRAR To,
1. The Special Sessions Judge for Trial of Cases Under NDPS Act cum I Additional Sessions Judge, Khammam.
2. The Judicial First Class Magistrate, Bhadrachalam.
3. The Superintendent District Jail, Khammam
4. The Station House Officer, Bhadrachalam, Town PS., Khammam District.
5. One CC to SRl. N MURALI MANOHAR REDDY Advocate IOPUC] 6 Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. [OUT]
7. One Spare Copy GR
HIGH COURT { !t'
J5, t!, SK ,, i if i DATED:2410412019
ORDER
Gtz CRLP.No.2064 of 2019 BAIL