Shaik Karthik Kumar v. State Of Telangana

SMT JUSTICE T.RAJANI CRIMINAL PETITON No.24745 OF 2017 ORDER:

This petition is filed seeking for grant of anticipatory bail to the petitioner, who is A6, in Crime No.581 of 2017 on the file of Meerpet Police Station, Ranga Reddy District. The offences alleged are under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act, 1985.

2.

Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.

3.

As per the case of the prosecution, this petitioner was supplying Ganza to the other accused. The counsel for the petitioner relies on a ruling of this Court in Parsa Somaiah and others v. State of A.P.1, wherein considering that there was no recovery from the accused, anticipatory bail was granted to the petitioner therein. But the rulings which were relied upon by this Court in the above cited ruling would show that the pre arrest bail should not be granted in a mechanical manner. The facts of the case dealt with by this Court in the above ruling are not evident from the ruling, whereas, the facts in this case would show that the petitioner was the person who has supplied Ganza to the other accused. 1 2014 (2) ALT(Crl.) 259

4.

Hence, in view of the above circumstances, this court opines that this is not a fit case for granting anticipatory bail. 5.

Accordingly, the Criminal Petition is dismissed.

However, the petitioner can file a petition seeking for regular bail by surrendering himself before the court below. The court below shall dispose of the bail application, if any filed, expeditiously, preferably on the same day, subject to the pressure of other work.

6.

As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________ T.RAJANI, J 23.01.2018 SS