Kuvvarapu Nithin Kumar v. The State Of Telangana

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16158 of 2024 ORDER:

Seeking the Court to enlarge the petitioners who are arrayed as accused Nos.3 and 11 in Crime No.367 of 2024 of Sathupalli Police Station, Khammam, on bail, the present Criminal Petition is filed.

2.

The brief facts of the case are that on 07.10.2024, the Sathupalli 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.367 of 2024 before the Sathupalli Police, Khammam, for the offences punishable under Sections 8(c) read with 20(b)(ii)(B), 27(a)(b) and 29 of NDPS Act.

3.

Heard Sri Shakapuram Ramesh, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Manoon, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

4.

Learned counsel for the petitioners firstly submitted that the seized contraband is just Intermediate Quantity. He secondly submitted that though there is no corroborative

evidence, the petitioners were implicated in the case with false and fabricated allegations. He thirdly submitted that all the material witnesses were examined, and further detention of the petitioners is unnecessary. He fourthly submitted that the petitioners have been in judicial custody since 07.10.2024, causing undue hardship to their families. He lastly submitted that the petitioners are residents of Sathupally Mandal, Khammam District, with movable and immovable properties, and are willing to furnish sureties as directed and prayed the Court to grant bail to the petitioners by allowing this criminal petition.

5.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the investigation is not yet completed, therefore, granting bail to the petitioners, 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 seized contraband is Intermediate Quantity and the petitioners are languishing in jail from 07.10.2024 and also material part of investigation is completed, this Court deems it fit to grant bail to the petitioners subject to the following conditions:

i.

The petitioners 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 Special Sessions Judge for Trial of Cases under NDPS Act-Cum-I Additional Sessions Judge at Khammam.

ii.

The petitioners 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 petitioners 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: 03.01.2025 gms

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16158 of 2024 Date: 03.01.2025 gms