Dasari Venkatesh v. The State Of Telangana

HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10898 of 2022 ORDER:

Heard Sri Satya Sadan, learned counsel representing Ms. B.Geeta, learned counsel on record for the petitioner, as well as learned Additional Public Prosecutor who is representing the respondent.

2.

Seeking the Court to enlarge the petitioner, who is arrayed as accused No.2 in Crime No.826 of 2022 of Dundigal Police Station, Cyberabad, on bail, the present Criminal Petition is filed under Section 439 Cr.P.C. 3.

Making his submission, learned counsel for the petitioner contends that even as per the version of the prosecution, 10.4 kgs of ganja and 0.5 grams of MDMA drug were seized from the possession of the petitioner and therefore, the seized contraband does not fall within the ambit of commercial quantity. Learned counsel also states that the petitioner is in judicial custody since 64 days and he is a student and therefore, he may be enlarged on bail. 4.

Learned Additional Public Prosecutor submits that ten witnesses were examined till now. Learned Additional Public

Prosecutor did not dispute the fact that the contraband seized falls below the commercial quantity.

5.

By the submission of learned Additional Public Prosecutor, it is clear that material part of investigation is completed. Therefore, this Court is of the view that the request of the petitioner for grant of bail can be honoured, however conditionally.

5.

Resultantly, this Criminal Petition is allowed with the following conditions:- (i) The petitioner/accused No.2 shall be enlarged on bail on his executing a personal bond for Rs.50,000/- (Rupees Fifty thousand only) with two sureties for the like sum each to the satisfaction of the Court concerned. The sureties are directed to submit their two latest passport size photographs at the time of furnishing solvency. One such photograph is ordered to be pasted in the Surety Register against the name of the surety. The other photograph shall be kept in the case record concerned.

(ii) In case, the petitioner/accused No.2 holds a passport, he is directed to surrender the same, if it is not seized by now.

(iii) The petitioner/accused No.2 should not involve in any unlawful activity.

(iv) The petitioner/accused No.2 should afford all assistance for proper investigation of the case. (v) The petitioner/accused No.2 should not cause the evidence of the offence disappear.

(vi) The petitioner/accused No.2 should not tamper with the evidence in any manner.

(vii) The petitioner/accused No.2 should not by way of inducement, threat or promise, dissuade any person who is acquainted with the facts of the case, from disclosing such facts to the Court or to the Police Officer.

(viii) The petitioner/accused No.2 should ensure his presence whenever required by the Court or Police.

(ix) The petitioner/accused No.2 shall not leave India without previous permission of the court concerned.

(x) The petitioner/accused No.2 shall report before the Station House Officer, Dundigal Police Station, Cyberabad, on every Monday between

10.30 a.m. and 12.00 p.m. till filing of the final report.

(xi) The petitioner/accused No.2 shall file an affidavit before the court concerned disclosing the following particulars:-

(1) Contact number

(2) Mail address

(3) Residential particulars.

In case, there is any change in the aforementioned details, the petitioner shall intimate the court concerned by giving a fresh affidavit duly mentioning the change. He shall continue to do so till filing of the final report.

Any deviation of the above conditions would entitle the respondent to take appropriate steps for cancellation of the bail granted.

6.

As a sequel, miscellaneous petitions pending, if any, shall stand closed ________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 14.12.2022 DR