CRLP/10409/2026 of K. Simran Singh, Vs The State of Telangana, on 14 July 2026

ORDER:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking the relief of anticipatory bail.

2. The petitioner is arrayed as accused No.2 in FIR No.59 of 2026 of Gachibowli Police Station, Cyberabad, registered for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”).

3. Heard Mr.Ch.Ravinder, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor representing the respondent-State.

4. Briefly stated, the prosecution case is that on 09.01.2026, acting upon credible information, the de facto complainant, along with his police staff, while on patrol duty, apprehended accused No.1 and allegedly found him in conscious possession of 2.837 kilograms of Ganja. Upon interrogation, accused No.1 is stated to have disclosed that he had purchased the seized contraband from the present petitioner. Based on the report lodged by the de facto complainant, the present crime came to be registered.

5. Learned counsel appearing for the petitioner contended that the petitioner is wholly innocent and has been falsely implicated in the present case. It is submitted that the petitioner was neither present at the place of occurrence nor was any contraband recovered from her possession or at her instance. The sole basis for implicating the petitioner is the alleged confessional statement of co-accused No.1, which, by itself, is legally inadmissible in evidence. Learned counsel further submitted that the petitioner is a woman carrying an advanced pregnancy of about seven months and is also the mother of a three-year-old child requiring her constant care and attention. It is contended that custodial interrogation of the petitioner is neither necessary nor warranted in the facts and circumstances of the case. The petitioner undertakes to cooperate with the investigating agency, to appear before the Investigating Officer as and when required, and would abide by any conditions that may be imposed by this Court. On these grounds, it is prayed that this Court may be pleased to grant the extraordinary relief of anticipatory bail.

6. Per contra, the learned Additional Public Prosecutor opposed the petition, contending that the involvement of the petitioner surfaced during the investigation on the basis of the statement made by accused No.1, from whose possession the contraband was seized. It is further submitted that the petitioner is not a first-time offender, as she is allegedly involved in a similar offence registered during the year 2023, thereby indicating her antecedents. The learned Additional Public Prosecutor further contended that the investigation is still at a nascent stage and custodial interrogation of the petitioner may be necessary to ascertain the source and supply chain of the contraband. Having regard to the seriousness of the allegations and the nature of the offence under the NDPS Act, it is prayed that the petition be dismissed.

7. I have considered the rival submissions and carefully perused the material available on record.

8. The gravamen of the allegation against the petitioner is that she had allegedly supplied the contraband to accused No.1, who was apprehended while in possession of 2.837 kilograms of Ganja, which admittedly falls within the category of an intermediate quantity under the provisions of the NDPS Act. It is pertinent to note that, at this stage, the implication of the petitioner rests principally on the alleged disclosure statement made by the co- accused. Simultaneously, this Court cannot overlook the prosecution's assertion that the petitioner was allegedly involved in a similar offence registered in the year 2023. Such antecedent is undoubtedly relevant factor to be taken into consideration while exercising the discretionary jurisdiction under Section 482 of the BNSS.

9. Be that as it may, the petitioner is a woman carrying an advanced pregnancy of approximately seven months and is also the mother of a three- year-old child, whose care and well-being necessarily depend upon her. These humanitarian considerations, viewed in conjunction with the absence of any recovery of contraband from the petitioner, the fact that her alleged involvement is, at this stage, founded primarily on the disclosure statement of the co-accused, and her unequivocal undertaking to cooperate with the investigation, constitute relevant circumstances warranting the exercise of this Court's discretionary jurisdiction in her favour. In this view, this Court is of the considered opinion that the petitioner is entitled to the relief of anticipatory bail, subject to appropriate conditions to ensure her availability for investigation and to adequately safeguard the interests of the prosecution.

10. Accordingly, the Criminal Petition is allowed, subject to the following conditions:

(A). The petitioner/Accused No.2 shall surrender before the Station House Officer, Gachibowli Police Station, Cyberabad, on or before 29.07.2026. Upon such surrender or in the event of arrest the Station House Officer shall release the petitioner on bail on execution of a personal bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two sureties for a like sum each, to the satisfaction of the said Officer. (B) The petitioner shall appear before the Station House Officer as and when required between 10.00 a.m. to 03.00 p.m. for a period of ten (10) weeks from the date of her release on bail and shall cooperate with the investigation in all respects. (C) The petitioner shall remain available for interrogation as and when required during the course of investigation and shall extend full cooperation to the investigation. (D) The petitioner shall furnish her complete residential address, mobile number and other contact particulars to the Investigating Officer and shall promptly intimate any change therein. (E) The petitioner shall not directly or indirectly induce, threaten, influence, or promise any person acquainted with the facts of the case, nor shall she tamper with prosecution evidence in any manner whatsoever.

11. It is made clear that any observations made herein are confined solely to the adjudication of the present application for anticipatory bail and shall not be construed as an expression on the merits of the case. Miscellaneous applications, if any pending, shall stand closed.

_______________ N.TUKARAMJI, J Date: 14.07.2026 CHS

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No.10409 OF 2026

DATE : 14.07.2026

CHS