Borugula Dilip & Anr. v. The State of Telangana

O R D E R This Criminal Petition is filed before this Court for grant of bail to the Petitioners who are arrayed as accused Nos.5 and 6 in FIR No.1148 of 2025 of Chaitanyapuri Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of the NDPS Act, 1985 (Amendment Act, 2001), Sections 140(1), - 2 - 127(2), 115(2), 351(2), r/w 3 (5) of the BNS and Section 25 of the Arms Act, 1959.

The brief facts of the case are that, on 10.11.2025, the de-facto complainant lodged a report before the police stating that on receiving credible information he found accused No.1 in possession of 3 ½ kgs of Ganja and seized the same and produced the accused before the trial Court and later, accused No.1 in his statement revealed that accused Nos.2 to 6 kidnapped accused No.1 and also tried to kill him, as such, the petitioners herein are arrayed as accused Nos.5 and 6 and a case was registered against the accused persons for the above said offences.

Heard Sri Gouravulu Anil Kumar, learned counsel appearing on behalf of the petitioners as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent-State.

Learned counsel for the petitioners submitted that the petitioners are innocent of the said allegations and there are no specific allegations against the petitioners herein and in fact, there is no complaint before the investigating authority - 3 - to register a case for kidnap and without any complaint, the police erroneously arrested the petitioners herein and they are in jail since 10.11.2025 and the material part of the investigation was already completed and all the other accused were already granted bail by the trial Court. Therefore, he prayed the Court to grant bail to them by allowing this criminal petition.

On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that the allegations leveled against them are serious in nature and Arms Act is also there, as such, they are not entailed for the bail. Further, the investigation is not yet completed. Therefore, he prayed the Court to dismiss the criminal petition.

In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioners are in jail since

10.11.2025 and as seen from the record, the allegations against the petitioners are that they along with accused Nos.2 to 4 conspired to kill accused No.1. Further, as seen from the - 4 - remand case diary, the prosecution witnesses, LWs 1 to 8 have already been examined and all the other accused were already granted bail by the trial Court and there is no seizure of the weapon from the possession of accused No.1. Considering the facts and circumstances of the case, the nature of the allegations, the stage of investigation, the duration of incarceration, this Court finds it appropriate to grant bail to the petitioners/accused Nos.5 and 6, subject to the following conditions: i. The petitioners/accused Nos.5 and 6 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction learned IV Additional Metropolitan Magistrate, at L.B. Nagar. ii. The petitioners/accused Nos.5 and 6 shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks or till filing of - 5 - charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required. iii. The petitioners/accused Nos.5 and 6 conditions stipulated in Section 437(3) of Cr.P.C. (presently, Section 480(3) of BNSS).