Kallepalli Deepak Kumar v. The State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10857 of 2025 ORDER:
Seeking the Court to enlarge the petitioner who are arrayed as accused No.2 in Crime No.79 of 2025 of Chaitanyapuri Police Station, registered for the offences punishable under Sections 8(C) read with 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), on bail, the present Criminal Petition is filed.
2.
The brief facts of the case are that on 24.01.2025, on credible information, the police intercepted an individual identified as accused No.3 and seized 37.5 grams of MDMA from his possession. Following the seizure, Accused No.3 was taken into custody and interrogated. During the course of the investigation, he confessed to his involvement in the offence and implicated the petitioner, who was subsequently arrayed as Accused No.2 in the case. Based on this confession, the petitioner was arrested, and a case was registered under the provisions of the NDPS Act.
3.
Heard Sri S. Ram Reddy, learned counsel appearing on behalf of the petitioner as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent-State.
4.
Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the case and that this Court had earlier dismissed the anticipatory bail petition filed by the petitioner on 14.08.2025 and that he obtained the FSL report, which indicates that the alleged contraband is "Methamphetamine" and not "MDMA". He further submitted that the commercial quantity of Methamphetamine is 50 grams, whereas the quantity seized in the present case is only 37.5 grams, which falls under the category of intermediate quantity. He further contended that the petitioner has been in judicial custody since 18.08.2025, resulting in undue hardship to his family and that the petitioner has no criminal antecedents. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition. 5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that although the seized contraband is of intermediate quantity, the investigation is not yet completed, therefore, granting bail to the petitioner, at this stage, does not arise. Hence, he prayed the Court to dismiss the criminal petition. 6.
Considering the submissions made by both learned counsel and upon careful perusal of the material available on record, it is observed that the seized contraband falls under the category of intermediate
quantity. Further, taking into account that the petitioner has been in judicial custody since 18.08.2025 and that the substantial part of the investigation has been completed, this Court deems it fit to grant bail to the petitioner, subject to the following conditions: i.
The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge at L.B. Nagar.
ii.
The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
iii.
The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.
(presently, Section 480(3) of the BNSS).
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed. _______________ K. SUJANA, J Date: 02.09.2025 SS
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.10857 of 2025 Date: 02.09.2025 SS