Mr. Dasadi Atharva v. The State Of Telangana
13257l
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABD MONDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITION NO: 9933 OF 2024 Between:
Mr. Dasadi Atharva, S/o. Dasadi Abinash, Aged.21 Years, Occ. Student, Rl/o. H.No.1-6414, Snehapuri Colony. Beside BLR Food Court, Nacharam. Uppal, R.R District, T.S.
...Petitioner
AND
1. The State of Telangana, Rep by its Public Prosecutor High Court of Judicature For the State of Telangana at Hyderabad
2. The Station House Officer, Police Station Uppal, Medchal - Malkajgiri District, Rachakonda Commissionarate, T.S ..Respondents/Complainant Petition under Section 482 of BNSS praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner on bail in the event of his arrest in connection with Crime No.494 of 2024 pending on the file of Police Station, Uppal, Rachakonda for the offences under section B (C) r/w 22 (C),27 and 29 of NDPS Act. This Petition coming on for hearing,upon perusing the l/emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Govind Vijay Singh, Advocate for the Petitioner and Sri M. Ramachandra Reddy, Additional Public Prosecutor on behalf of the Respondents The Court made the following Order:
HON'BLE SMT. JUSTICE JUYVADI SRIDEVI CIUMINAL PETITION No.9933 of 2024 ORDER:
Petitioner/accused No.4 has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail in Cr.No.494 of 2024 of P.S. Uppal, registered for the offences under Sections 8 (c), 22 (c), Z1 and29 of the NDPS Act .
2. Heard Sri Govind Vijay Singh, learned counsel for petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the respondent-State and perused the record 3.
The allegation against the petitioner is that on 18.05.2024, the petitioner along with accused No.l went to Bangalore and purchased 20 grams of MDMA and out of the same, accused No.l sold aw ay 4 grams to an unknown customer and when he was selling the said substance to accused No.2, the police caught him.
4.
Learned counsel for petitioner submits that the petitioner herein is innocent and he is nothing to do with the contraband
!-=-r \*; '-#*i1 \ ',-, \ ,, IS, I Crl.P.No.9933 ofZ0Z4 alleged to have been seized from accused Nos.r and 2 and that he is implicated in the case on the alleged confession of accused No.1 only and hence, prayed for grant ofbail.
5. The learned Additional public prosecutor opposed the application stating that there are specific allegations against the petitioner/accused No.4 and investigation is in progress. He further submits that at this stage if the petitioner/accused No.4 is enlarged on bail, he may commit similar offences and may tamper the evidence and hence, prayed to dismiss the petition.
6. Having heard both sides and perused the material on record, it is apparent that the petitioner/accused No.4 is involved in the business of narcotic drugs, along with other accused. Considering the gravity and seriousness of the offence and keeping in view that the investigation is in progress and charge sheet is yet to be filed, this Court is of the considered opinion that it is not a fit case for grant ofbail.
7. In view of the above, this criminal petition is dismissed, granting liberty to the petitioner/accused No.4 to surrender
IS, I Crl.P.No.99 33 of 2024 betbre the Court concerned and file an application for regular bail, in which event, such application be decided preferably on the same day, on its own merits, in accordance with law, without being influenced by any of the observations made in this order. Sd/. MOHD. ISM L ASSISTANT REGI //TRUE COPY// SECTION FFICER To, \
1. The I Additional District Sessions Judge - cum - Metropolitan Sessions Judge- cum -- Additional Family Court, Medchal - Malkajgiri Court at Kushaiguda.
2. The Station House Officer, Uppal Police Station, Hyderabad.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)
4. One CC to SRl. GOVIND VIJAY SINGH, Advocate [OPUC]
5. Two CD Copies Jsk/Njb
I I HIGH COURT DATED:0210912024
ORDER
iE tlTl nu r^, . ,l ,./ ;7 CRLP.No.9933 ot 2024 DISMISSING THE CRIMINAL PETITION vl