Allowed

Boda Thirupathi v. State of Telangana

Telangana HC8 Feb 2021CRLP/213/2021

Case brief

AI extract

What is this about?

The High Court allowed the criminal petition for bail filed by an accused person in a narcotics case. The court held it was a fit case for releasing the petitioner on bail subject to standard conditions.

What did the court decide?

Petitioner directed to be released on bail on executing a personal bond for Rs. 25,000 with two sureties and complying with attendance and other conditions.

Boda Thirupathi Vs State of Telangana — Narcotics (NDPS) | Telangana HC (2021)

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t^31s8 l

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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MONDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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:PRESENT:

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THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 213 OF 2O2L

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Between:

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Boda Thirupathi, S/o Seethya

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Petitioner/Accused-3

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AND

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State of Telangana, Rep by its Public Prosecutor High Court, Hyderabad through its Station House Officer, PS Mulugu Warangal District

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Respondent/ Com pla inant

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Petition under Section 437 & 439 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner on ball in connection to the Crime No 246 of 2020 on the file of Station House Officer, Mulugu Police Station, Mulugu Warangal District.

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The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of SRI L V RAMANA RAO Advocate for the Petitioner and the Assistant PUBLIC PROSECUTOR for the Sole Respondent, the Court made the following.

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ORDER:

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1 \

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TIIIl IIONOURABLE JUSTICE G. SRI DE'.I

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('RIIvIINAL PETITION No213 oJ202l

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ORDER:

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This Crirninal Petition. under Sections 437 and⁴³⁹ of Cr.P.C., is filed by the petitioner/A-3 seeking to^grant bail to him in Crime No.246 of 202C on the file of SHO, Mulugu Police Station, registered for the offenc,: punishable under Section 8(C) t/w.20(b) of the N.D.P.S.Act.

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Heard le:amed Counsel appearing for petitioner', learned Assistant Publit: Prosecutor appearing for the respondent-State and perused the record.

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This is the 2"d bail application of the petitioner. The l" bail application rvas rejected on the ground that the alleged contraband was much higher than the commercial quantity. It is submitted on behalf of the petitionel that the petitioner is only a Tractor Driver and he is arrayed as A-3 in this case. It is submitted that no contraband, whatsoever, has been recovered from the possession of the accused and the alleged contraband was recovered from the possession of A-l and A-2 only. ..t is submitted that the petitioner is not having any criminal anteced,3nts and that he is ready to abide by any condition that may be imprsed by this Court while granting bail to hirn. The petitioner is in custody since 20.1 1.2020.

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Looking ir to the lacts and circumstances of the case. without delving into merits ol the matter, this Court is of the considered view that it is a fit case tbr grant of bail to the petitioner.

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Therefbre, the Criminal Petition is allowed and the petitioner is

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directed to be released on bail, subject to the following terms and conditions:

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(i) The petitioner/accused shall be released on bail on his executing a personal bond for Rs.25,000/- (Rupees Twenty Five thousand only), with two sureties each to the like sum, to the satisfaction of Judicial First Class Maistrate, Mulugu, Warangal District.

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(ii) The petitioner shall personally appear before the Investigating Officer on each Saturday between 10 a.m. and 2 p.rn. till completion of investigation and filing of charge sheet. Thereafter, he shall personally appear before the courl concerned on each date of hearing.

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(iii) The petitioner shall not influence the prosecution witnesses.

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(i") The petitioner shall not indulge in similar type of offences in future. Ifpetitioner is found to be involved in similar type of offences during the pendency of this case or if he violates any of the conditions imposed in this order, the bail granted to him shall automatically stand cancelled.

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//TRUE^COPY//

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To, 1 The Judicial First Class ttlagistrate Mulugu Warangal District ; i.# i;;;"iendent^{centralJail' warangal} i iilEilJ'-il^{n1,* ot.*-ps} HIYXr[:n:i3r',j'Ji' tor tnJ6tate^{or rerangana'}

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i' fl:33J:"?,1^{rl,Y,H;;;;''-Hdh} HYderabad^(OUT) '"urt

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One^{sPare coPY}

HIGH COURT

GSDJ

DATED:08102t2021

,;:
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.

ORDER

CRLP.No.213 of 2021

BAIL

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Boda Thirupathi v. State of Telangana

Case brief

What is this about?

What did the court decide?

Boda Thirupathi v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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