Jaganathkhara v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15143 of 2024 ORDER:

Seeking the Court to enlarge the petitioner who is arrayed as accused No.2 in Crime No.1012 of 2024 of Miyapur Police Station, Cyberabad, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that on 22.07.2024, the Miyapur Police seized the contraband as the accused persons are buying and selling the contraband illegally to the general public in order to earn money in an ease manner and also registered a case vide Crime No.1012 of 2024 before the Miyapur Police, Cyberabad, for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) and 29 of NDPS Act. 3.

Heard Sri D.Suryanarayana, learned counsel appearing on behalf of the petitioner as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioner firstly submitted that the petitioner is no way concerned with the alleged offences. He secondly submitted that though no contraband was seized from the possession of the petitioner, the petitioner was

implicated in the case with false and fabricated allegations. He thirdly submitted that all the material witnesses were examined, and further detention of the petitioner is unnecessary. He fourthly submitted that the petitioner has been in judicial custody since 23.07.2024, causing undue hardship to his family. He fifthly submitted that the petitioner is resident of Koraput District, Odisha State, with movable and immovable properties, and is willing to furnish sureties as directed. He lastly submitted that previously, bail application of the petitioner, vide Crl.M.P.No.2319 of 2024, was dismissed by the I Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, on 13.11.2024, without valid reasons and 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 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.

After considering submissions from both the parties and reviewing the record, since the petitioner is languishing in jail from 23.07.2024 without there being any criminal antecedents pending against him and material part of investigation is

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) each, with two sureties for a like sum each to the satisfaction of the I Additional District and Sessions Judge, Ranga Reddy District 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: 18.12.2024 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15143 of 2024 Date: 18.12.2024 gms