Basanthi Bati v. The State Of Telangana

The Hon'ble Sri Justice J.Sreenivas Rao Criminal Petition No.3668 of 2025 Order:

This Criminal Petition is filed by the petitioners/accused Nos.3 & 4 under Section 483(1) of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS'), seeking to relax condition (i), as imposed by the Special Sessions Judge for Trial of Cases for the offences under Narcotic Drugs and Psychotropic Substances Act, 1985 -cum- Principal Sessions Judge, Mahabubabad (for short 'the court below'), vide order dated 02.01.2025 in Crl.M.P.No.515 of 2024, while granting bail to the petitioners/accused Nos.3 & 4 in connection with Crime No.210 of 2024 of Thorrur Police Station. 2.

Heard Ms.

R.Soumya Reddy, learned counsel representing Mr. K.Chandra Sekhar Reddy, learned counsel for the petitioners/accused Nos.3 and 4 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State.

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3.

Learned counsel for the petitioners submitted that the petitioners/accused Nos.3 & filed the aforesaid Crl.M.P.No.515 of 2024 for grant of regular bail in connection with Crime No.210 of 2024 and the same was allowed vide order dated 02.01.2025 and the petitioners/accused Nos.3 & 4 were directed to be released on bail subject to certain conditions. One such condition is that petitioners/accused Nos.3 and 4 shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with two sureties for a likesum each to the satisfaction of Judicial Magistrate of First Class, Thorrur.

4.

Learned counsel for the petitioners submits that the petitioners/accused Nos.3 & 4 are not having any properties and they are eking out their livelihood by doing coolie works and due to their poor financial condition, they could not execute personal bonds and therefore, despite grant of bail, the

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petitioners/accused Nos.3 & 4 are in jail and as such, condition (i) imposed in the impugned order be relaxed. She further submits that the petitioners/accused Nos.3 & 4 are willing to execute personal bonds for a sum of Rs.5,000/- (Rupees Five Thousand only) each with two sureties for a likesum each to the satisfaction of the court below. 5.

Learned Additional Public Prosecutor has not disputed the same.

6.

Having considered the submissions made by learned counsel for the parties and in view of the specific plea of the learned counsel for the petitioners that the petitioners/accused Nos.3 & 4 are poor persons and are eking out their livelihood by doing coolie works and their families are dependent on them and as such, they are not in a position to comply with condition (i) of the impugned order, as directed by the court below, the said condition is modified as under:

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"The petitioners/accused Nos.3 & 4 shall execute personal bonds for a sum of Rs.5,000/- (Rupees Five Thousand only) each with two sureties for a likesum each to the satisfaction of Judicial Magistrate of First Class, Thorrur."

7.

Accordingly, the Criminal Petition is allowed. No costs. As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 19.03.2025 Note:

CC in two days.

B/o LUR