Etta Kumar v. The State Sho

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 4573 OF 2022 Between:

Etta Kumar, S/o Etta Shankar, Aged . 30 years, Occ. Business, R/o. 56-187/11, Vajpayee Nagar, Chinthal, R.k District. ...PETITIONER/ACCUSED No' 3 AND The State SHO, Bhongiri Town P.S, Within the limits of Rachakonda Commissionerate, Yadadiri Bhuvanagiri District' Rep. by its State Public Pfosecutor High Court for the State of Telangana ...RESPONDENT/COMPLAINANT Petition under Section 438 of cr. P.c praying that in the circumstances stated in the Memorandum.of Grounds of criminal Petition, the High court may be pleased to enlarge the Petitioner/Accused No.3 on bail in the event of his arrest in connection with Crime No. 113 12022 of Bhongir Town P'S, of Rachakonda Commissionerate.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal petition and upon hearing the arguments of Sri B CHINNAPA REDDY ,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent.

The Court made the following: ORDER

T.HE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 4573 of 2022 ORDER:

1. This Criminal Petition is filed under Section 438 Cr.P.C. by petitioner/A3 seeking bail in the event of his arrest in connection with Crime No.1 13 of 2022 on the file of Bhongir town Police Station, Rachakonda, registered for the offences punishable under Section 8 (c) read with 20(b) (ii) (c) of NDPS Act, 1985. 2.

Heard learned counsel for petitioner and learned Assistant Public Proser:utor appearing for the respondent-State. 3.

The al egation against this petitioner is that he was part of ,,I , accused '*,ho r.r,ere holding with 120 kgs. of ganja. According to the I I I prosecution one person escaped when the police tried to apprehend him and thr:v identified the petitioner as the person who escaped when the police tried to apprehend him.

4.

Learne d Counsel for the petitioner submits that he is nothing to do r,r,ith such seizure and he was in hospital in Vijayawada. 5.

However, prosecution insists that the claim of the petitioner that he was in hospital is not correct.

) 6.

In the said circumstances, this Court is not inclined to grant relief of Anticipatory Bail to this petitioner. However, the petitioner is at liberty to move the trial court by surrendering herself, within r0 days from the date of receipt of a copy of this order, by filing application seeking regular bail with due service to the public Prosecutor. on such filing, the concerned court shall dispose of the bail application, on merits, on the same day or the next day after giving opportunity of hearing to the public prosecutor. 7.

Accordingly, the Criminal petition is disposed of. Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

SD/. G. SIREESHA ASSTSTANT RFGISTBAR Yl v '-4"-'"* f3 SECTION OFFICER //TRUE COPY// To,

1. The Additional Judicial First class Magistrate Rachakonda (Bhongir)' 2.TheStationHouseofficer,BhongirTownPoliceStation,Bhongir.

3. Two CC to Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT] 4 One CC to SRI B. CHINNAPA REDDY Advocate [OPUC]

5. Two CD CoPies.

6. One SPare CoPY.

NPJ

HIGH COUIRT DATED:1 810712022 ; ilE S l-r,1(.

ORDER

21 SEP 2[2 CRLP.No.tl573 oI 2022 WITHOUTCOSTS.

q DISPOSIIIG OF THE CRIMINAL PETITION