Dimmiri Venkata Ramana , Guttakindapally Nagaraju v. The State Of Telangana

I [ 26s1 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 6908 OF 2021 Between:

Dimmiri Venkata Ramana @ Guttakindapally Nagaraju, S/o Venkat Reddy Petitioner/Accused No.1 AND The State of Telangana, Through station House Officer Kandukur Police Station, Rachakonda Commissionerate Rep. by Public Prosecutor, High Court of Telangana At Hyderabad RespondenUComplainant Petition under Sectio{g32 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in the Criminal Petition, the High Court may be pleased to release the petitioner on bail in Cr.No.64 of 2021 Kandukur P.S on the file of the Ivletropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B. Nagar in the interest of justice, The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI B SARVOTHAM REDDY Advocate for the Petitioner and the PUBLIC PROSECUTOR-Frffie for the Sole Respondent, the Court made the following. ORDER:

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, '1973, is filed by the petitioner/Al for grant of bail in Crime No.64 of 2021 of Kandukur Police Station, Rachakonda, registered for the offence punishable under Section 8(b) read with 18(b) of Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Heard both sides. Perused the record.

3.

As seen from the material placed on record, the specific allegation against the petitioner/A1 is that he supplied opium poppy seeds to A2, who alleged to have cultivated the opium poppy seeds. Polic6 has seized four quintals of opium poppy seeds pursuant to the confession made by A2. ln the confession of A2, it has also come to light that the petitioner/Al has supplied the opium poppy seeds to him for cultivating the same. As per the submissions made by the learned Public Prosecutor, there is only the confession of A2 with regard to the supply of opium poppy seeds by the petitioner/A1 and no other incriminating material is

collected so far against the petitioner/A'|. The petitioner/Al was remanded to judicial custody on 09.04.2021 pursuant to the execution of PT Warrant. So, in view of the nature of the material collected so far and since the allegation against the petitioner/A1 is based only on confession of the co-accused, the petitioner/Al can be enlarged on bail on certain conditions. 4.

Accordingly, the petitioner/A1 is ordered to be released on bail, subject to the following conditions:

(i) The petitioner/Al shall execute a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties, out of which one surety shall be from the native of the petitioner/Al, in a like sum each to the satisfaction of the learned Metropolitan Sessions Judge, Cyberabad, Ranga Reddy District at L.B. Nagar. (ii) After release on bail, the petitioner/Al shall appear before the Station House Officer, Kandukur Police Station, Rachakonda, on every Sunday between 10:00 AM and 11:00 AM till filing of charge sheet.

(iii) During the bail period, the petitioner/Al shall not indulge in any cnme.

(iv) The petitioner/A1 shall not, directly or indirectly, meddle with the investigation, intimidate or induce the witnesses, tamper the evidence and he shall co-operate with the lnvestigating Officer for smooth completion of the investigation.

5.

The Criminal Petition is, accordingly, allowed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

SATYAVA'I"HI ASSISTA T REGIS R SDi. B.

//TRUE COPY// SECTION OFFICER To,

1. The XXVII Additional Metropolitan Magistrate, Rachakonda at Maheshwaram

2. The Metropolitan Sessions Judge at L.B.Nagar, Cyberabad Ranga Reddy District.

3. The Station House Officer, Kandukur Police Station, Rachakonda Comm issione rate 4 One CC to SRL B SARVOTHAM REDDY Advocate [OPUC] 5 Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad. [OUT] 6 One Spare Copy

I HIGH COUR'I DRSAJ DATED:16/09/2021

ORDER

s1ATE 9 A:

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