Sapavath Hanumanthu @ Hanuma v. The State Of Telangana, Through Police Station Yellandu,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.16317 of 2025 DATE: 24.12.2025 BETWEEN:

Sapavath Hanumanthu and others .....petitioners/accused Nos.3 to 5 And The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

.....Respondent/complainant

ORDER

This Criminal Petition is filed praying this Court to enlarge the petitioners on bail who are arrayed as accused Nos.3 to 5 in Crime No.359 of 2025 before the Yellandu Police Station, Bhadradri Kothagudem District, registered for the

offences punishable under Sections 8(c) read with 20(b)(ii)(B), 27(A) and 29 of NDPS Act.

2.

The brief facts of the case are that on 06-11-2025, based on prior information, the police intercepted a car along with two escorting motorcycles near Yellandu and allegedly seized 19.872 kgs of dry ganja and 960 ml of hashish oil, followed by arrest of the petitioners and their remand to judicial custody on the same day.

3.

Heard Sri B. Muralidhar, learned counsel appearing on behalf of the petitioners 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 petitioners had not committed any offence and that the alleged contraband was not recovered from their conscious possession and that mandatory provisions under Sections 42, 52-A and 57 of the NDPS Act were not complied with in respect of search, seizure, sampling and reporting. He further submitted that the seized quantity was less than commercial quantity, the investigation was substantially completed, the

petitioners were poor persons including a student, coolie and driver, and that there was no likelihood of tampering with evidence. Therefore, he prayed the Court to grant pre-arrest 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 petitioners are the drug peddlers. He further submitted that the investigation is in progress and if the petitioners are released on bail, at this stage, they may tamper with the evidence and may threaten the witnesses. Hence, he prayed the Court to dismiss the criminal petition. 6.

In the light of the submissions made by both the learned counsel and a perusal of the material available on record, since the seized contraband from the petitioner is of intermediate quantity, the petitioner have been languishing in jail since 06.11.2025, and the material part of the investigation has already been completed, this Court deems it fit to grant bail to the petitioner, 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 learned Judicial Magistrate of First Class, Yellandu.

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: 24.09.2025 SAI

THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16317 of 2025 Date: 24.09.2025 SAI