Challa Rahul Reddy v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

}4ONDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRL.P. NO: 7540 OF 2O2l Betwee n

1. Challa Rahul Reddy, S/o. Ramana Reddy.

2. Pochimalla Suresh Kumar, S/o. Venkateshwarlu 3, Jasti Jeevan Kumar, S/o. Venkateswarlu, Petitione rslAccu sed No.1 to 3 AND The State ofTelangana, Rep. by its Public Prosecutor, High Court at Hyderabad . ... . Respondent/Com plaina nt Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the petition filed herein, the Hiqh Couft may be pleased to release the petitioners /Accused No. 1to 3 on bail pending trial in Crime No,334 of 2027 of 14iryalaguda Rural Police Station, Nalgonda District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Venkat Reddy Kodumury, Advocate for the Petitioner, and of Public Prosecutor for the respondent, the Court made the following.

ORDER

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/Al to A3 for grant of bail in Crime No,334 ot 2O2L of Miryalaguda Rural Police Station, Nalgonda District, registered for the offence punishable under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act').

2, Heard both sides. Perused the record.

3, The material placed on record reveals that the petitioners/Al to A3 were arrested and remanded to judicial custody on 30.08,2O21, The allegation against the petitioners/A1 tb A3 is that on 3O,O8.2021 at about 08:3O hours on Narketpally-Addanki State High Way, Gudur Main Centre, Gudur Village of Miryalaguda Mandal, Nalgonda District, 14 Kgs. of dry ganja was alleged to have been seized from their possession, pursuant to their confession, under a cover of panchanama. In the course of submissions, it is brought to the notice of this Court by the learned Assistant Public Prosecutor that one case is pending against the petitioner/A1, registered under the provisions of the NDPS Act and no similar cases are pending against the petitioners/ A2 and A3. However, the learned Assistant Public Prosecutor could not give the details of the case pending against the petitioner/A1 registered under the provisions of the NDPS Act. In the instant case, the quantity of dry ganja alleged to have been seized is small quantity, Material witnesses are already

1, examined. Considering the totality of the circumstances and the nature of material on record, this Court is inclined to grant bail to the petitioners/A1 to A3 on some conditions,

4. Accordingly, the petitioners/A1 to A3 are ordered to be released on bail, subject to the following conditions:

(i) The petitioners/A1 to A3 shall execute personal bonds for a sum of Rs.25,OOO/- (Rupees twenty five thousand only) each with two sureties in a like sum each to the satisfaction of the learned II Additional Judicial Magistrate of First Class, Miryalaguda.

(ii) After release on bail, the petitioners/A1 to A3 shall appear before the Station House Officer, Miryalaguda Rural Police Station, Nalgonda District, once in a month i.e., on second Sunday of every month between 1O:00 AM and 11:OO AM till filing of charge sheet, (iii) During the bail period, the petitioners/A1 to A3 shall not indulge in any crime.

(iv) The petitioners/A1 to A3 shall not, directly or indirectly, meddle with the investigation, intimidate or induce the witnesses, tamper the evidence and they shall co-operate with the Investigating Officer for smooth completion of the investigation,

5. This Criminal Petition is, accordingly, allowed, Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed, sD/-B. SATYAVATHI / /TRUE COPY // ASSISTANT SECTION OFFICER To

1. The I Additional Sessions Judsge, Nalgonda

2. The II Additional Judicial First Class f\4agistrate, Miryalaguda, Nalgonda

3. The Superintendent, District JaillPrison, Nalgonda District

4. The Station House Officer, ftati€f,-H€+se €fficer, Miryalaguda Rural Police Station, Na lgonda District

5. Two CCs to the Public Prosecutor, High Court at Hyderabad (OUT)

6. One CC to Sri Venkat Reddy Kodumury, Advocate (OPUC)

7. One spare copy.

HIGH COURT DR.SA,J DATED: 18.1O.2021 ORDER:

CRLP. NO: 7540 of 2O2L 1HE S CIAL I (:

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