Telangana High Court
CRLP/8426/2019 of Karnam Laxmaiah Vs The State of Telangana on 31 December 2019
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUE6DAY , THE THIRTY FIRST DAY OF DECEMBER- TWO THOUSAND AND NINETEEN :PRESENT: THE HONOURABLE JUSTICE G SRI DEVI - CRIMINAL PETITION NO: 8426 OF 2019' Between: Karnam Laxmaiah, S/o.Jeeya, Aged about 29 years, Occ. Agriculture, Petitio ne r/Ac c
HIGH COURT FOR THE STATE [OF ][TELANGANA ][AT ][HYDERABAD]
TUE6DAY ,THE THIRTY FIRST DAY OF DECEMBER- TWO THOUSAND AND NINETEEN
:PRESENT:-THE HONOURABLE JUSTICE G SRI DEVI
CRIMINAL PETITION NO: 8426 OF 2019'
Between:
Karnam Laxmaiah, S/o.Jeeya, Aged about 29 years, Occ. Agriculture, Petitio ne r/Ac c us ed -1
AND
The State of Telangana, represented by its Public Prosecutor High Court for theState of Telangana at Hyderabad. - Res po n d e n UC o m [p ]la in a n t Petition under Section 437 and 439 of Cr P,C, praying that in the circumstancesstated in the memo of grounds filed in the Criminal Petition, the High Court may bepleased to release the petitioner on bail in Crime No.248 gl 2019 on the file ofBurgampahad Police Station, Bhadradri Kothagudem District The petition coming on for hearing, upon perusing the Petition and memo ofgrounds filed in Crl.P. and the order of the High Court made herein and upon hearingthe arguments of SRI A PRABHAKAR RAO Advocate for the Petitioner, and PUBLIC -PROSECUTOR (TG) Advocate for the Respondent , the Court made the following.
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ORDER:-
THE HON'BLE ]USTICE G.SRI DEVI
qBIN4INAL PETITION No.8426 of 2019
ORDER:
This Crimlnal Petition, under Sections 437 and 439 Cr.P.C., isfiled by the petitioner/accused No.1 seeking to enlarge him on bailin Crime No.248 of 2019 on the file of Burgampahad Police Station,Bhadradri-Kothagudem District, registered for the offencepunishable under Section 8(c) read with Section 20(b) of NarcoticDrugs and Psr/chotropic Substances Act.
2. The brir:f facts of the case are that on 22.10.2079 in themorning hours, the Sub-Inspector of Police, Burgampahad alongwith his staff, while conducting vehicle checking at l4anugur CrossRoad, Burganrpahad, stopped one Motor cycle and one autofollowing the s;aid motor cycle and found the accused in possessionof ganja and transporting the same for wrongful gain and seized 55kgs of ganja from the possession of accused Nos.l tr: 3 under thecover of panchanama before the mediators. Basing on theconfession and seizure panchanama, the Assistant Sub-lnspector ofPolice, Burgampahad Police Station, registered a c,rse in CrimeNo,248 of 2019 and took up investigation. Later, Inspector of Police,Paloncha, took up further investigation, visited the scene of offenceand on 22.10.2019 arrested accused Nos.1 to 3 and rernanded themto [judicial ]custody.
3. Heard learned counsel for the [petitioner/ ]learned AdditionalPublic Prosecutor appearing for the respondent-State and [perused]the record.
4. Learned counsel for the petitioner submitted that thepetltioner has not committed any offence as alleged by theprosecution much less the offence with which he was charged; thathe has nothing to do with the seizure of ganja from the auto and noganja was seized from the possession of the petitioner; that he wasimplicated in the above crime on the basis of the confession of theco-accused; that the Police has already completed investigation andexamined all the material witnesses; that the petitioner is havingfixed abode and he undertakes to cooperate with the Police tillconclusion of the trial; and that the petitioner is ready to abide byany conditions imposed by this Court while granting him bail,
5. Learned Additional Public Prosecutor opposed to grant bail tothe petitioner.
6. Looking into the nature of allegations levelled against thepetitioner, the facts and circumstances of the case, without delvinginto the merits of the case, I am inclined to release the petitioner onbail on his furnishing a personal bond to the tune of Rs.15,000/-(Rupees Fifteen thousand only) wlth two sureties to the like amounteach to the satisfaction of the learned I Additional Sessions Judge,Khammam and that one of the sureties shall be from the nativeplace of the petitioner. The petitioner shall not tamper with theprosecution witnesses and shall co-operate with the investigating <J
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agency and he shall not misuse the libefi granted to him. Thepetitioner shall appear before the Court concerned on every date ofhearing.
7. Subject to the above, the Criminal petition is allowed.8. Miscellaneous petitions, if any pending in this criminal petition, shall stand closed.
I
\Ri3{,;,'*,Y,'U'Aijfltr,TRUE COPYIISECTION OFFICER
To,IThe I Addl. Sessions Judge, Khammam.2The Judicial First Class Magistratge at BhadrachalamJThe Superintendent, District Jail, Khammam. [t]4The Station House Officer, Burgampahad Police Station, BhadradriKothagudem District.aone ct to sRl. A PRABHAKAR RAO Advocate IOPUCI6Two C.Cs. to PUBLIC PROSECUTOR (TG), High Court for the state ofTelangana a: Hyderabad. (OUT) .One spare copy.AGSI
HIGH COURT
GSDJ
DATED:31 l12|,2A19
ORDER
CRLP.No.8426 of 2019
BAIL
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