Tamba Fidelma @ Onyen Wuowua @ Loveth v. The State Of Telangana

THE HONOURABLE DR.JUSTICE G.RADHA RANI CRIMINAL PETITION No.13297 OF 2024 O R D E R:

This Criminal Petition is filed by the petitioner - Accused No.3 under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha (for short "BNSS") seeking regular bail in Crime No.737 of 2024 on the file of Film Nagar Police Station, Jubilee Hills, Hyderabad registered for the offences punishable under Sections 8(c) read with 22 (c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Heard Sri Mohd. Fasiuddin, the learned counsel for the petitioner - Accused No.3 and the learned Additional Public Prosecutor for the respondent-State.

3.

Learned counsel for the petitioner - Accused No.3 submitted that the petitioner was arrested prior to 24.08.2024 in Cr.No.836 of 2024 of Rajendranagar Police Station, Cyberabad District, wherein prosecution alleged that she was involved in transportation and supply of psychotropic substance including 50 grams of MDMA, 10 grams of Cocaine and 8 Ecstasy pills. She was

falsely implicated in the above case. Considering her false implication and that she was carrying 6 months pregnancy, this court granted bail to the petitioner in Cr.No.836 of 2024 vide Crl.P.No. 12576 of 2024, on on 23.10.2024. She was taken on P.T warrant in this crime on 18.09.2024. No contraband was recovered from her possession in the present crime. In this case, it was shown that the contraband was recovered from the possession of her husband, who was arrayed as A1 and prayed to enlarge the petitioner - Accused No.3 on bail.

4.

Learned Additional Public Prosecutor opposed grant of bail to the petitioner but however, submitted that no contraband was recovered from her possession in the present crime and that she was produced on P.T warrant in this case.

5.

Perused the record. Considering the submissions of both the learned counsel, as no contraband was recovered from the possession of the petitioner-A3, it is considered fit to enlarge the petitioner - Accused No.3 on bail, in this crime.

6.

In the result, the Criminal Petition is allowed directing the petitioner - Accused No.3 to be released on regular bail subject to the following conditions:

i). The petitioner - Accused No.3 shall execute a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with two local sureties for a like sum each to the satisfaction of the XVII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.

ii). The petitioner - Accused No.3 shall abide by the conditions stipulated in Section 480 (3) of Bharatiya Nagarik Suraksha Sanhitha, 2023.

.

Miscellaneous applications, pending if any, shall stand closed. _____________________ Dr. G.RADHA RANI, J Date: 6th November, 2024 dsv

THE HONOURABLE DR.JUSTICE G.RADHA RANI CRIMINAL PETITION No.13297 OF 2024 Dated 06.11.2024 dsv