Soma Harsha Vardhan v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12027 of 2025 ORAL ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.6 in Crime No.158 of 2025 before the Ananthagiri Police Station, Suryapet District.

2.

The brief facts of the case are that a complaint lodged on 28.08.2025 at Ananthagiri Police Station regarding the sale and consumption of Ganja at the outskirts of Mogalaikota village. Police basing on credible information conducted a raid near Perumala hillock and apprehended four persons and seized 200 grams of Ganja, mobile phones, cash, and other paraphernalia. Confessional statements and urine tests indicated that some of the accused were consumers, and the police recorded confession-cum-seizure panchanamas. 3.

Heard Sri Soma Harsha Vardhan, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun

Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4.

Learned counsel for the petitioner submitted that the Petitioner/accused No.6 was falsely implicated based solely on the uncorroborated statement of a co-accused, without any independent evidence linking him to the alleged offence and that no contraband was recovered from him, he had no criminal antecedents, and he was a student from a respectable family. He further submitted that custodial interrogation was unnecessary, his presence could be secured through conditions, and he was willing to cooperate with the investigation. Therefore, he prayed the Court to grant prearrest 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 the petitioner is drug peddlers. He further submitted that the investigation is in progress and if the petitioner is released on bail, at this stage, he may tamper with the evidence and may threaten the witnesses. Hence, he prayed the Court to dismiss the criminal petition.

6.

In light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the quantity involved in this case is small, i.e., 200 grams of Ganja. As seen from the record, the petitioner appears to be a consumer. Considering the facts and circumstances of the case, this Court deems it fit to grant prearrest bail to the petitioner, subject to the following conditions:

i.

The petitioner shall surrender before the Station House Officer, Ananthagiri Police Station, Suryapet District, within two weeks from today, and on such surrender, the said Station House Officer shall release him on bail on executing a personal bond for Rs.25,000/- with two sureties, for the like sum each.

ii.

The petitioner shall abide by the other conditions stipulated in Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 and co-operate with the Investigating Officer in investigating the case.

iii.

The petitioner shall appear before the concerned Investigating Officer on

every Monday between 09:00 a.m, and 05:00 p.m., till the filing of the charge sheet and thereafter, as and when required 7.

Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed.

_______________ K. SUJANA, J Date: 24.09.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12027 of 2025 Date: 24.09.2025 SAI