Bappa Alias Khan Sab Alias Raja Babu v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.7921 of 2026 Date: 21.05.2026 Between:
Bappa @ Khan Sab @ Raja Babu ..Petitioner/Accused No.1 And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, Hyderabad, Through SHO, Vanasthalipuram, Ranga Reddy District ..Respondent/Complainant ORDER:
The petitioner/accused No.1 filed the present Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to grant bail to him in Crime No.254 of 2026 of Vanasthalipuram Police Station, Ranga Reddy District, which was registered for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(A) and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').
2.
Heard Mr. Ventrapragada Aravind, learned counsel appearing for the petitioner and Mr. D.Arun Kumar,
learned Additional Public Prosecutor, appearing for the respondent-State and perused the record.
3.
Learned counsel appearing for the petitioner would submit that, the petitioner was in possession of green colour dry substance with flowering and fruiting top buds with pungent smell in 15 small zip lock covers. Upon conducting panchanama, the confession of the petitioner was recorded and accordingly, the petitioner was remanded to judicial custody on 12.02.2026. He further submits that the petitioner is eking out his livelihood by doing tailoring work. He further submits that the petitioner was involved in another crime i.e., Crime No.139 of 2024 of Allapur Police Station, registered for the offences punishable under Sections 376(2) (i)(n), 366 and 506 of IPC and Section 5 read with Section 6 of the POCSO Act, 2012. Based upon the past criminal history of the petitioner, he has been falsely implicated in the present crime as an accused. The contraband seized from the possession of accused is intermediate quantity. The petitioner was released from jail in Crime No.139 of 2024 and he was immediately arrested in the present crime. He further submits that the
investigation still in progress and no charge sheet has been laid and the petitioner is languishing in jail for the past three months and no useful purpose would be served by keeping him in further judicial custody, as the other accused in the crime were not yet apprehended. The confession statement of the petitioner was already recorded and the custodial interrogation of the petitioner is not required for the purpose of further investigation. He further submits that the petitioner is ready to abide by any of the conditions to be imposed by this Court and seeks to grant bail to him.
4.
Learned Additional Public Prosecutor, on the other hand, would submit that though the contraband seized from the possession of accused is intermediate quantity, but the petitioner was involved in serious offences punishable under Sections 376(2)(i)(n), 366 and 506 of IPC and Section 5 read with Section 6 of the POCSO Act, 2012, in Crime No.139 of 2024. Hence, he prayed to dismiss the criminal petition.
5.
Having heard the learned counsel appearing on both sides and upon perusal of the material available on record,
it evident that the petitioner was remanded to judicial custody on 12.02.2026, the investigation is in progress and charge sheet is yet to be filed and the other accused are yet to be apprehended by the respondentPolice. In the said circumstances, even if the petitioner languishes in the jail for an indefinite period, no useful purpose would be served. Considering the fact that the contraband seized is of intermediate quantity and since the petitioner was involved in the NDPS Act for the first time, and he is in judicial custody from 12.02.2026 this Court is inclined to grant bail to the petitioner.
6.
Accordingly, the Criminal Petition is allowed and the petitioner/accused No.1 shall be released on bail on the following terms and conditions:
(i) That the petitioner/accused No.1 shall execute a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned Magistrate concerned;
(ii) that the petitioner shall appear before the Station House Officer concerned on every Friday and Saturday between 10:00 a.m. and 02:00 p.m. for a period of eight (8) weeks or till filing of
charge sheet whichever earlier, and thereafter, as and when required for the purpose of investigation;
(iii) that the petitioner/accused shall not indulge in any similar type of activities in future;
(iv) that the petitioner/accused shall not tamper with the prosecution witnesses;
(v) that the petitioner/accused shall co-operate with the investigating agency;
(vi) that the petitioner/accused shall not misuse the liberty granted to him;
(vii) that the petitioner shall not leave the country without prior permission of the Court concerned and surrender his passport, if any before the Court concerned.
(viii) In the event of any breach of the above conditions, the respondent is at liberty to seek cancellation of the petitioner's bail.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_____________________ E.V.VENUGOPAL, J 21.05.2026 bj/rev
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.7921 of 2026 Date: 21.05.2026 Bj/rev