Telangana High Court

CRLP/15734/2024 of Dorangula Niranjan, Vs The State of Telangana on 31 December 2024

IN THE HIGH COTJRT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 15734 OF 2024 Between: AND Dorangula Niranjan, S/o. Edanna, aged 43 years, Occ: Civil Contractor,

IN THE HIGH COTJRT FOR THE STATE OF TELANGANAAT HYDERABAD

TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT JUSTICE K. SUJANA

CRIMINAL PETITION NO: 15734 OF 2024

Between:

Dorangula Niranjan, S/o. Edanna, aged 43 years, Occ: Civil Contractor, R/o.H.No. l-93, Bairampur Village, Veldanda Mandal, Nagar Kurnool District.

...PETITIONER/ACCUSED No.3

AND

The State of Telangana, through SHO, Bachupally Police Station, Cyberabadrepresented by its Public Prosecutor, High Court for the State of Telangana

...RESPONDENT/COMPLAINANT

Petition under Section 480 & 483 of B.N,S.S., praying that in thecircumstances stated in the Memorandum of Grounds of Criminal petition, theHigh Court may be pleased to enlarge the petitioner/Accused No. 3 on bail in SCNDPS No. 54 of 2023 on the file of the I Additional Sessions Judge, Medchal-NDPS No. 54 of 2023 on the file of the I Additional Sessions Judge, Medchal-Malkajgiri District at Kushaiguda, Hyderabad registered on the basis of FIRNo.49 of 2023 dated 29-01-2023 registered before Bachupally Police Station inthe interest of justice.No.49 of 2023 dated 29-01-2023 registered before Bachupally Police Station inthe interest of justice.

This Petition coming on for hearing, upon perusing the lVlemorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri lr/ RAMAKRISHNA, Advocate for the Petitioner and of Sri Syed Yasar Mamoon, theAdditional Public Prosecutor for the State of Telangana on behalf of the SoleRespondent.

The Court made the following: ORDER

ImFii.=F '-.

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THE HONOURABLE SMT WSTICE [K. ][SUJANA]

CRIMINAL PETITION No.15734 of 2o24

ORAL ORDER:

Seeking the Court to enlarge the petitioner, who isarrayed a.s accused No.3, in SC.NDPS.No.54 of 2023 onthe file ol the learned I Additional Sessions Jr-tdge,Medchal- Malkajgiri District at Kushaiguda, Hyderabad,on bai[, tlle present Criminal Petition is filed.2. Tlre' brief facts of the case are that On 29.01.2023,at 4:3O F'M, Sub-lnspector G. Saidulu received cre,fibleinformation that two persons were in possession o1 dryganja near VNR Engineering College, Bachupally, Heincorpor-ated this information into the General [Diary,]informed his superiors under Section 42(21 of the NDPSAct, and obtained permission to veriff the information.With [v,r() mediators, Pothaganthi Sridevi andDomaragidda Chandra Shekar, and his; staff, [he]a.pprehenCecl t$,o persons, Kilo Premdas and AshokKumar, rt,ho u,ere found with 37 kilograms arid 620

grams of dry ganja, two mobile phones, and Rs 2,00O incash. During questioning, they admitted their guilt,cash. During questioning, they admitted their guilt,revealing that they were instructed by Niranjan totransport the ganj a from Odisha to sell it for easy money.transport the ganj a from Odisha to sell it for easy money.

3. Heard Sri M. Rama Krishna, learned counselappearing on behalf of the petitioner as well as Sri SyedYasar Mamoon, learned Additional Public Prosecutorappearing for respondent - State.

4. Learned counsel for the petitioner submitted thatthe petitioner is innocent and falsely implicated by thepolice, based solely on statements frorn accused Nos.1and 2 and that the allegations do not warrant thecharged sections, and there is no evidence of thcpetitioner agreeing to buy or purchasing ganja fromAccuscd No.1. He further submitted that no connectionbctwcen the petitioner and other accused has becnestablished, and the petitioner was not found at thcdelivery point.

5. Learned counsel for the petitioner contended thatthe arrest of the petitioner was based on alleged It SKS,J

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statementsi by Accused Nos.1 and 2 while in [police]custody. I)cspite hling multiple bail applications, [the]petitioner remains in [judicial ]remand, affecting theirfamily's well-being and education. He further contendedthat the investigation is completed, and a supplemenl.arycharge sheet has been hled, serving no purpose inkeeping lhe petitioner in [judicial ]remand. The [petitioner]is a law-abiding citizen, willing to provide sureties andabide by any conditions for granting bail. Therefore, heprayed th,: Court to grant bail to the petitioner byallo'"r,ing th is criminal petition.

6. On the other hand, learned Additional PublicProsecutor opposcd the submissions made by the learnedcounsel lor the petitioner stating that the allegationsleveled against the petitioner are of serious nature whichraises concern over his involvement in trade dntgs.Therefore , prayccl the Court to dismiss the criminalpetition.

7 . l-iavi ng regard to the rival submissions made zrndon going t hrough the material placed on record, it ison going t hrough the material placed on record, it is noted that the limited grievance of learned counsel for thepetitioner is that the petitioner was falsely implicated inthe case solely based on the confession of accused Nos.land 2, and no contraband was seized from him and thatpetitioner is no way concerned with the alleged offence,u,hereas, it is the specifrc stand of learned AdditionalPublic Prosecutor that petitioner is actively involved indrug trade, working hand in hand with other accusedpcrsons. The investigation in the case is not yetcompleted. Further, the contraband seized from theaccused is a commercial quantity; this Court is notinclined Lo grant bail to the petitioner. Therefore, thereare no merits in the criminal petition to grant bail to thepetitioner and the same is liable to be dismissed.

8. Accordingly, this Criminal petition is dismissed To Miscellancous applications, if any pending, shalt stand closcd Sd/- P.CH. NAGABHUSHAMBAASSISTANT REGISTRARECTION OFFICER

//TRUE COPY//

1. The I Additional Sessions Judge, Medchal Malkaioiri District.

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Sessions Judge, Medchal Malkaioiri District.2. The Station House Officer, Baihupaily poticJSijfron, CybeiabaO3. Two ccs to the [pubric prosecutor, ](igh court ior tne 'Siite [-orJerangana ]atHyderabad (OUT)3. Two ccs to the [pubric prosecutor, ](igh court ior tne 'Siite [-orJerangana ]atHyderabad (OUT)4. One CC to SRt. M RAMA KR|SHNA, Advocate [OPUC][OPUC]5. Two CD Copies HIGH COURTDATED:3111212024

ORDERCRLP.No.15734 of 2024

GRL.PETITION IS DISMISSED

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