Danasari Mallesh @ Podium Mallesh v. The State of Telangana

Telangana HC15 Jul 2025CRLA/448/2024

Case brief

AI extract

What is this about?

Suspension of fine for indigent NDPS convict pending appeal; waiver of fine amount Rs.1,00,000/-; modification of bail condition — release on personal bond Rs.20,000/- without sureties; condition not to indulge in any criminal case during bail; Section 8(c) read with Section 20(b) NDPS Act 1985; Section 235(2) Cr.P.C.; S.C.NDPS No.8 of 2020, Khammam; Crl. Appeal No.448 of 2024; I.A.No.3 of 2024; I.A.No.1 of 2025; I.A.No.4 of 2024 order dated 2.8.2024; Central Jail Chanchalguda; Konka Madhavi @ Bhagavathi vs. The State of Telangana (Crl.Appeal No.495 of 2023); below poverty line accused; legal aid counsel; Telangana High Court, JSR,J, 19.03.2025.

What did the court decide?

Suspension, till disposal of the Appeal, of the trial Court's direction to pay a fine of Rs.1,00,000/-; and modification of the bail condition — the Superintendent, Central Jail, Chanchalguda, Hyderabad directed to release the petitioner/A5 on bail on execution of a personal bond for Rs.20,000/- (Rupees Twenty Thousand only) without sureties, subject to the condition that during bail the petitioner shall not indulge in any criminal case.

SL. NO	DATE	ORDER	OFFI CE NOTE
03.	19.03.2025	JSR,J I.A.No.3 of 2024 And I.A.No.1 of 2025 I.A.No.3 of 2024 is filed seeking to waive of the payment of fine amount of Rs.1,00,000/- while suspending the sentence passed by the learned Spl. Sessions Judge for trial of Cases under the Narcotic Drugs and Psychotropic Substances Act, 1985-cum- I Additional Sessions Judge at Khammam (for short ‘the trial Court’) in S.C.NDPS No.8 of 2020, dated 05.11.2021 pending disposal of the Criminal Appeal. I.A.No.1 of 2025 is filed to modify the condition imposed while granting bail vide order dated 2.8.2024 passed in I.A.No.4 of 2024. Heard Mr.Srinivasa Srikanth, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State. Learned counsel for the petitioner submitted that the petitioner/A5 was found guilty for the offence under Section 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, convicted under Section 235(2) Cr.P.C. Contd…..

SL.
NO

DATE

ORDER

OFFI
CE
NOTE

03.

19.03.2025

JSR,J
I.A.No.3 of 2024

And
I.A.No.1 of 2025
I.A.No.3 of 2024 is filed seeking to waive of
the payment of fine amount of Rs.1,00,000/- while
suspending the sentence passed by the learned Spl.
Sessions Judge for trial of Cases under the Narcotic
Drugs and Psychotropic Substances Act, 1985-cum-
I Additional Sessions Judge at Khammam (for short
‘the trial Court’) in S.C.NDPS No.8 of 2020, dated
05.11.2021 pending disposal of the Criminal
Appeal.
I.A.No.1 of 2025 is filed to modify the
condition imposed while granting bail vide order
dated 2.8.2024 passed in I.A.No.4 of 2024.
Heard Mr.Srinivasa Srikanth, learned counsel
for the petitioner and Mr.Syed Yasar Mamoon,
learned Additional Public Prosecutor appearing for
respondent-State.
Learned counsel for the petitioner submitted
that the petitioner/A5 was found guilty for the
offence under Section 8(c) read with Section 20(b) of
the Narcotic Drugs and Psychotropic Substances
Act, 1985, convicted under Section 235(2) Cr.P.C.
Contd…..

SL. NO	DATE	ORDER	OFFI CE NOTE
		Contd…. and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, he shall undergo rigorous imprisonment for a period of six months. Aggrieved by the said judgment, the petitioner filed the present appeal. He further submitted that this Court while admitting the Criminal Appeal, granted interim suspension in I.A.No.4 of 2024 suspending the operation of the impugned judgment dated 05.11.2021 in S.C. NDPS No.8 of 2020 and granted bail to the petitioner on his executing a personal bond for Rs.20,000/- with two sureties for the like sum each to the satisfaction of the trial Court. He further submitted that the petitioner is below poverty line and legal aid counsel was engaged to file this Appeal and therefore, he is not having any means to comply the said condition and to pay the fine amount of Rs.1,00,000/- pursuant to the judgment of the trial Court. He further submitted that along with the Appeal, the petitioner filed I.A.No.3 of 2024 seeking to waive of the payment of fine amount. However, the said application was not brought to the notice of the Court while admitting the Appeal. Unless the fine amount is waived and the condition of executing a personal bond for Rs.20,000/- with two Contd….

SL.
NO

DATE

ORDER

OFFI
CE
NOTE

Contd….
and sentenced to undergo rigorous imprisonment
for a period of ten years and to pay a fine of
Rs.1,00,000/- and in default of payment of fine, he
shall undergo rigorous imprisonment for a period of
six months. Aggrieved by the said judgment, the
petitioner filed the present appeal.
He further submitted that this Court while
admitting the Criminal Appeal, granted interim
suspension in I.A.No.4 of 2024 suspending the
operation
of
the
impugned
judgment
dated
05.11.2021 in S.C. NDPS No.8 of 2020 and granted
bail to the petitioner on his executing a personal
bond for Rs.20,000/- with two sureties for the like
sum each to the satisfaction of the trial Court.
He further submitted that the petitioner is
below poverty line and legal aid counsel was
engaged to file this Appeal and therefore, he is not
having any means to comply the said condition and
to pay the fine amount of Rs.1,00,000/- pursuant
to the judgment of the trial Court.
He further submitted that along with the
Appeal, the petitioner filed I.A.No.3 of 2024 seeking
to waive of the payment of fine amount. However,
the said application was not brought to the notice of
the Court while admitting the Appeal. Unless the
fine amount is waived and the condition of
executing a personal bond for Rs.20,000/- with two
Contd….

SL. NO	DATE	ORDER	OFFI CE NOTE
		Contd… sureties for the like sum each to the satisfaction of the trial Court are relaxed, the petitioner will be put to great irreparable loss and hardship. He also submitted that the petitioner is ready to execute a personal bond for a sum of Rs.20,000/- and on such execution, the Superintendent, Central Prison, Chanchalguda may be directed to release the petitioner/A5. In support of his contention, he relied upon the order passed by the Division Bench of this Court in“’Konka Madhavi @ Bhagavathi vs. The State of Telangana’(I.A.No.4 of 2023 in Crl.Appeal No.495 of 2023, dated 13.12.2023). Learned Addl. Public Prosecutor has not opposed for the same. Taking into consideration the peculiar facts and circumstances of the case, the impugned judgment passed by the trial Court dated 05.11.2021 in SC NDPS No.8 of 2020 directing the petitioner/A5 to pay a fine amount of Rs.1,00,000/- is suspended till the disposal of the Appeal. Further the condition imposed by this Court while granting bail to the petitioner/A5 to the extent that, he shall be released on bail on his executing a personal bond for Rs.20,000/- with two sureties for the like sum each to the satisfaction of the trial Court, is modified as under: Contd…

SL.
NO

DATE

ORDER

OFFI
CE
NOTE

Contd…
sureties for the like sum each to the satisfaction of
the trial Court are relaxed, the petitioner will be put
to great irreparable loss and hardship. He also
submitted that the petitioner is ready to execute a
personal bond for a sum of Rs.20,000/- and on
such execution, the Superintendent, Central Prison,
Chanchalguda may be directed to release the
petitioner/A5. In support of his contention, he
relied upon the order passed by the Division Bench
of this Court in**“’Konka Madhavi @ Bhagavathi**
vs. The State of Telangana’(I.A.No.4 of 2023 in
Crl.Appeal No.495 of 2023, dated 13.12.2023).
Learned Addl. Public Prosecutor has not
opposed for the same.
Taking into consideration the peculiar facts
and circumstances of the case, the impugned
judgment
passed
by
the
trial
Court
dated
05.11.2021 in SC NDPS No.8 of 2020 directing the
petitioner/A5 to pay a fine amount of Rs.1,00,000/-
is suspended till the disposal of the Appeal.
Further the condition imposed by this Court
while granting bail to the petitioner/A5 to the extent
that, he shall be released on bail on his executing a
personal bond for Rs.20,000/- with two sureties for
the like sum each to the satisfaction of the trial
Court, is modified as under:
Contd…

SL.
NO

DATE

ORDER

OFFI
CE
NOTE

Contd…
“The
Superintendent,
Central
Jail,
Chanchalguda, Hyderabad, is directed to release the
petitioner/A5 namely Danasari Mallesh @ Podium
Mallesh S/o Veeraswami, aged about 35 years, occ:
Coolie, R/o Ashok Nagar Colony, Bhadrachalam on
bail
on
his
executing
a
personal
bond
for
Rs.20,000/-
(Rupees
Twenty
Thousand
only).
However, during bail, the petitioner shall not
indulge in any criminal case.”
Accordingly,
both
the
applications
are
ordered.

_______
JSR,J

Note: Issue C.C. tomorrow.
B/o
pgp

Danasari Mallesh @ Podium Mallesh v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Danasari Mallesh @ Podium Mallesh v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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