The Telangana High Court dismissed a petition under Section 439(2) CrPC seeking cancellation of bail. Finding no evidence of bail violation within the last year, the court declined to interfere.
Cancellation of bail granted to the respondent was refused; bail remains in force.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
'HIGHcoURTFOR THE STATEOF TELANGANA AT HYDERABAD
THURSDAY, THE SIXTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SMT.JUSTICE LALITHA KANNEGANTI
c RIMINAL PETITION NO: 5993 OF 2020
Between:
The State of Telangana Through the Station House Officer, Proh,. & Excise Station, Ameerpet, Rep. by the Public Prosecutor, High Court, Hyderabad.
...Petitioner/Respondent
AND
Bharath Thukral, S/o Pritivi Raju
... RespondenUAccused
Petition undef Section 439(2) of Cr.P.Cpraying that in the circumstances stated in the accompanying affidavit, theHigh Court maybe pleased to cancelthe bail granted to the accused vide ordersd1.21.10.2020in Crl.P No.4501of 2020on the file of Hon'ble High Court.
/--
This Petition coming on for hearing, uponperusing the Criminal Petitionand upon hearing the arguments of PublicProsecutor for the Petitionerand Mr'K. Ramakanth Reddy, Advocate for theRespondent.
t.A.NO. 1 OF 2020i
Petition filed U/s 482 cr.P.c.praying thatin the circumstancesstated in the affidavit filed therewith, theHigh court may be pleasedto suspendthe orders dI.221 .10.2020passed by theHon'ble HighCourtin Crl.P.No 4501 o'f 2020.
The Court made the following:ORDER
1 t
THE HOIT'BLE SMI" JUS'TICE LALITHA KANNT,GANTI AL PE'I'I'I'I ON No.5 993 of 2(120
ORDBR:-
This petiti tn is filed by petitioner/complainant under Section 439(2) of Code of the Criminal procedure, 1973 (for short ,Cr.p.C.,) seeking cancellation of l,ail, granted to the respondent/accused by this Court on 21'10'2020 in C 1.p.No.450r of 2020 in crime No.40 or'2020 of police, Prohibition and Excise, Excise Station, Ameerpet, Hyr,erabad, for the offences punisharle under Sections g(c) r/w 20(bXiixb) and 22(c) ofthe Narcotic Drugs a rd psychotropic Subsrances Act, l9fl5 (lbr brevity ,.ND*S Act").
2' Heard lear red Assistant pubric prosecutor appearing for petitionerState as well as Sri K.Rarnakanth Reddy, learned counsel for respondent/accusr fl 61d perused the material on record.
2
Consequently, miscellaneous applications pending, if any, shall
stand dismissed.
1
To
Sd/-K.AMIVAJI ASSISTANT R GIST //TRUE COPYII
Kj
DATED:1611212121
HIGH COURT
ORDER
CRLP.No.5993of 2020
1 e TA T€
'r\7
12 JAN 2022 j::
6', n'4
*
."r.<, * a
.a 't c
Dismissed.
r "rt lz'
t .,u*
2 issues framed by the court
Whether the bail granted to the accused on 21.10.2020 should be cancelled given the state's claim of non-disclosure of criminal antecedents.
Whether the High Court was required to find a violation of bail conditions prior to cancelling bail granted over a year ago.
1 provisions across 1 enactments
The State of Telangana
Bharath Thukral
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
