Allowed

Kethavath Praveen Kumar v. The State of Telangana

Telangana HC7 Apr 2021CRLP/636/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner accused in a case under the NDPS Act for possession of ganja. Considering the lack of prior criminal antecedents and completion of major investigation, the court ordered release on personal bond with specific conditions to prevent tampering and future drug transactions.

What did the court decide?

The Criminal Petition allowed; petitioner released on bail on personal bond of Rs. 25,000 with two sureties and specific undertaking conditions.

Kethavath Praveen Kumar Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD -,' wEDNESDAy, THE sEVENTH DAy oF ApRrL TWo rHousnno AND TWENTy oNE

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:PRESENT:

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THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 636 OF 2021 v/

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Between:

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/Kelhavath^{Praveen Kumar, S/o. Harinayak}

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...Petitioner/Accused No.4

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AND

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The State of Telangana, Rep. by the Public Prosecutor, High Court for the state of ,.Telangana at Hyd e ra bad.

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...RespondenUComplainant

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Petition under Section 437 and 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 release the Petitioner/Accused No.4 on bail in Crime No.276 of 2020 of P.S Konijerla, Khammam 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 Mr. ANGOTHU NEHRU Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent, the Court made the following.

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ORDER:

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HONOURABLE JUSTICE G. SRI DEVI

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CRIMINAL PETITION NO.6360F 2021

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ORDER:

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The petition er I A-4 filed the present Criminal Petiti rn under Sections 437 and 439 of the Code of Criminal Procedttre seeking to grant bail to him in Crime No.276 of 2O2O of P.S. Konijerla, Khammam District, which was registered for the offence punishable under Section 8(c) read with 2O(b) of the NDPS Act.

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Heard the learned counsel for the petitioner/A-4, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

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The allegation against the petitioner lA-4 is that on 08.ll.2O2O the petitioner was found in possession of 130 kgs of ganja worth Rs.19,50,000/- while being transported in To1,61^ Innova Car bearing No.TS- 13-EH-8302, which were seized under the cover of panchanama and he was arrested and sent for judicial custody.

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Learned Additional Public Prosecutor opposed to grant bail to the petitioner/A-4 but conceded to the fact that there: are no previous criminal antecedents against him.

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Learned counsel for the petitioner/A-4 submits that the petitioner has not committed any offence as alleged by the prosecution and he is falsely implicated in the above case. The petitioner/A-4 hails from a respectable family. The

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petitioner/A-4 has been in custody since 08.11.2O2O and he has no previous criminai antecedents. It is submitted that due to poor background, in order to eke out livelihood and maintain his family consisting of three sisters and widow mother, without knowing the consequences, the petitioner/A-4 has been transporting ganj a from Konijerla to Hyderabad. Hence, it is prayed to consider the petitioner's application for bail.

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Looking into the facts and circumstances of the case and as there are no previous criminal antecedents against him and as major part of the investigation is completed except receipt of FSL report, I am inclined to grant bail to the petitioner/A-4.

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The Criminal Petition is allowed and the petitioner/A-4 shall be released on bail on the following terms and conditions:

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(i) That the petitioner/A-4 shall execute a personal bond for Rs.25,O0O/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the III Additional Judicial First Class Magistrate at Khammam;

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(ii) That the petitioner/A-4 shall appea-r before the investigating authorities on every third Saturday between 10.00 am and 5.00 pm till completion of investigation and fiiing of charge sheet;

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(iii) That the petitioner/A-4 shali not indulge in similar type of activities in future and if it is found that he is indulged in similar type of activities in future, the liberty granted to him shall automatically stand cancelled and he would be taken into custody forthwith.

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(iv) that the petitioner/A-4 shail not tamper with the prosecution witnesses;

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(v) that the petitioner/A-4 shatl co-operate rvith r-he investigating agency.

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(vi) that the petitioner/A-4 shali not misuse the liberty granted to him.

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(vii) that the petitioner/A-4 shall appear before rhe Co.urt concerned personally on each date of hearing ti1l conclusion of trial.

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Miscellaneous applications pending, if any, shall stand

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closed.

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Sd/- T.TIRUMALA^DEVI ASSIS {NT^REGISTRAR

//TRUE COPY//

SEI] OFFICER

To,

'1. The Special Sessions Judge for the Trial of Cases Under Narcotic Drugs and Psychotropic Substances Act-Cum-l Additional Sessions Judge at Khammam.

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The lll Additional Judicial First Class Magistrate at Khammam.

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The S.H.O., P.S Konijerla, Khammam District.

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The Superintendent, Central Jail, Khammam.

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One CC to M/s, ANGOTHU NEHRU, Advocate [OPUC].

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Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad IOUT].

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One spare copy ZEE

HIGH COURT

GSDJ

DATED:07/0412021

{if o t *pn

ORDER

CRLP.No.636 of 2021

BAIL

Kethavath Praveen Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kethavath Praveen Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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