Musunuru Omkar v. The State Of Telangana

[ 31s8 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY ,THE EIGHTEENTH DAY OF SEPIEMBER TWO THOUSAND AND NINETEEN :PRESENT:

THE HONOURABLE JUSTICE G SRI DEVI ) 1HE S ri.!ri:

\JX:Y XirYl"

db gz 6) CRIMINAL PETITION NO: 4O77 OF 2019 Between:

Musunuru Omkar, (A.2), S/o Narsimha Rao Pe titioner/ Accused No.

AND The State ofTelangana, Through Saroornagar Police Station, Rep. by its Public Prosecutor, High Court for the State ofTelangana, Hyderabad. Respondent Petition under Section 437 & 439 of Cr.P.C, praying that in the !t ER circumstances stated in the Criminal Petition and Memorandum of grounds, the High Court may be pleased to release the Petitioner I A2 on bail in Crime No. 174 of 2Ol9 on the file of Saroornagar Police Station, Ranga Reddy District The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI SUNIL GAWASANE Advocate for the Petitioner and Additional Public Prosecutor for the Respondent, the Court made the following. ORDER:

HON'BLE Ms. JUSTICE G. SRI DEVI CRIMINAL PETITION No.4O77 of ,lOL9 ORDER:

The Fretitioner, who is Accused No.2, has filed the present Crirninal Petition under Sections 437 and 439 Cr.P.C. seeking enlargement on bail in Crime No.174 of 2019 of Saroornagal Police Station, Ranga Reddy District, registered for the offence punishable under Section 8(c) r/w. Section 2 1(b) of the NDPS Act Learned counsel for the petitioner contends that contraband has been seized from the possession of A. 1 and the name of the petitioner/A.2 has come to light in the confessional statement of A. 1 and there is no other material to connect tl-re petitioner with the alleged offence. Nothing has been seized from the possession of the petitioner lA.2 and he is innocent of the offence alleged against him. It is also contended that A. 1 was already released on bail by the Sessions tlourt vide order dt.24.O5.2019 in Crl.MP.No.

245l of 2019 in Crime No.174 of 2Ol9; and A.5 was released on bail by this Court vide order 03.06.2019 in Crl.P.No.2348 of 2019 and hence on the ground of parity, the petitioner is also entitled fcr grant of bail. It is contended that material part of investigation is completed and the petitioner is ready to abide by any conditions imposed by this Court.

On the other hand, though the learned Additional i I Public Prcseoutor opposed the bail application. he, hor.r'ever,

'

,n...*3io'r/,rro,, conceded to the fact of release of A. 1 and A.5 on bail as mentioned above.

A perusal of the First Information Report would disclose that contraband has been seized from the possession of A. 1 and the name of the petitioner/A.2 has come to light in the confessional statement of A. 1. Nothing has been seized from the possession of the petitioner/A.2. Since the main accused have already been released on bail, on the ground of parity, I am inclined to grant bail to the petitioner on certain terms and conditions.

Accordingly, this Criminal Petition is allowed and the petitioner/A.2 sha1l be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B. Nagar, and on a further condition that the petitioner/A.2 shall appear before the Station House Officer, Saroornagar Police Station, on every Monday between 5.00 p.m. and 6.00 p.m. and mark his presence for a period of one month or ti1l filing of the charge sheet, whichever is earlier.

As a sequel, miscellaneous petitions pending, if any, sha1l stand closed SD/. K.SAILESHI A$SISTANT RE TRAR //TRUE coPYl I 1/ W F.oT ASSISTANT REGISTRAR

/ To, The Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.R. Nagar The VI Additional Metropolitan Magistrate, Rachakonda, L.B. Nagar The Superintendent, Central Prison, Cherlapally. The Station llouse Officer, Saroornagar Police Station, Ranga Reddy District One CC to SRI. SUNIL GAWASANE Advocate [OPUC] Tu'o CC's to l)ublic Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) One spare copy 1.

7.

Avs

HIGH COURT GSDJ DATED: 18/O9 t2(tl9

ORDER

CRLP. No.4077 <tl' 2:,O L9 ,z*11'{:"".;-'

,,itfl *-S i,} \€. 'st' o1,1'

\,rr,* ,_ t(.

\:.--:

BAIL