Criminal Petition No. 6908 of 2025 · The High Court · 2025

Petition under Section 480 & circumstances stated in the Memorandu High Court may be pleased to enlarge the due to her arrest in connection with the Cr Nagar Police Station, Hyderabad. CRIMINAL PETITION No.6924 OF 2025 Between: Maleka Banu, Wo tMohd. Sadiq, Age 55 Years, Occ Anganwadi Worker, R/o H. No'18-7-4251432150, Road No.1 , Talabkatta, Hyderabad ...Petitioner/Accused No.7 AND The State of Telangana, Through S Station, Hyderabad District, Rep. by i Hyderabad. O. , Bhavani Nagar Police Public Prosecutor, High Court, ...Respondent(Complainant) Petition under Section 480 & 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No. 7 herein on bail due to her arrest in connection with the crime No 80t2025 on the file of Bhavani Nagar Police station, Ftyderabad. This Petitions coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petitions and upon hearing the arguments of Ms lrr'ludumba Laxmi, Advocate for the Petitroners and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent The Court made the following: COMMON ORDER ,1 TTIE HONOURABLE SRI JUSTI E J. SREENIVAS RAO CRIMINAL PETITION Nos. 08 and 6924 of2025 COMMON ORDER: Since these criminal petitions a arising out of Crime No.80 of 2025, these clinrinal petitions are he together and disposed of by this common order.

2. These Criminal Petitions are fil urrder Sections 480 and 483 of Bharatiya Nagarik Sr-rraksha Sanhitha, ?-023 (for short 'BNSS') seeking bail to the petitioners/accused Nos.6 d 7 in Crime No.80 of 2025 or, the file of Bhavani Nagar Policc Stati n, Hydelabad, registered for the olfences punishable undcr Scction 8( ) r/w 20(b)(ii)(C) and 29 of the Narcotic Drugs and Psychotropic S bstances Act, 1985 (for sho( 'NDPS Act')

3. J'hc case ol the prosecution is that on 29.04.2025 the Sub-Inspector received credible info ation that four individuals were in possession of Ganja and u,er planning to sell it from the rcsidence of Accused No.3. The ub-Inspector informed his superior officers and proceeded to Iocation. All four accused 2 were apprehended at the spot. Following a confession and seizure panchnama, a total of 23.8 kilograms of loose Ganja was seized from their possession. Basing on the same a case was registcred in Crime No.80 of 2025

4. I{eard Ms. Divya Raj, leamed counsel appearing fbr Ms.Mudumba Laxmi, learned counsel for the pctitioners and Mr.Syed Yasar Mamoon, leamed Additional Public Prosecutor for the respondent-State

5. l-earned counsel lor the petitioncrs submitted rl-rat petitioncrs have not comrnitted alleged offences and they' were lalsely implicated in the said crime basing on the conf-ession statemcnt given by the other accused. He fuither submitted that even accolding to the complaint and Remand Case Diarl', the alleged contra band is seized from the custody of other accused, hence, the ingredients of NDPS Act are not attracted against the petitioncrs He also submitted that the petitioners/accused Nos.6 and 7 were arrested on 30.04.2025 and since then, they have been in judicial custody. He further submitted that the entire investigation IS completed except filing of charge sheet and the petitioners ale 3 ready to cooperate with the investigat on and also ready to abide by the conditions, which are going to imposed by this Court and hence, prayed for grant of bail.

6. Per contra, learned Additional Public Prosecutol submitted that petitioncrs havc cornmitted grave o ll'ences under the provisions of NDPS Act and 23.8 gs of dry ganja, which was seized is a commercial quantity an the investigation is under progress and charge sheet has not be n filed. IIe further submitted that Crime No.36 of 2023 registered against petitioner/accused No.6 for the very same o1-tence and he is also involved in other oll'ences under th provisions of Indian Penal Code, I860 (for sholt 'lPC'). By virt e of Scction 37 of the NDPS Act, the petitioner/accused No.6 is no entitled lor grant of bail.

7. Having considered the rival submissions made by the respective parties and after perusal f the material available on record, it reveals that the police seize the contra band 23.8 Kgs of dry ganja from the petitioners an other accused which is a cornmercial quantity. The petitione s/accused Nos.6 and 7 were arrested on 30.04.2025 and since then they were ln judicial 4 custody. Learned Additional Public Prosecutor placed instructions fumished bv the Inspector of Police, Police Station Ilhavaninagar, Hyderabad, datcd 10.06.2024, whercin it revcals rhar petitioner/accused No.6 is involved in sirnilar ol1'ence namcly Crime No.36 of 2023 and the same is pending and he is also accused in other crirnes registered under the provisions of IPC.

8. I'aking into consideration the abor.,c f'acts, petitioner/accu sed No.6 is involved in other crimcs, this Courl is not inclined to grant bail favour of pctitioner/accuscd No.6 especially rvhen investigation is under progress and charge sheet has not been filed. Ilcnce, Crimina[ Pctition No.6908 oi ]025 is dismissed. Insolar as petitioner /accused No.7 in ( rinrinal petition No.6924 of 2025 is concerned, according to the learned Additional Public Prosccutor, this Courl is inclined to erant bail to petitioner/accused No.7, subject to the following corrrlitions (i) The petitioner/accused No.7 shall execute a personal bond for a surn ol' Rs.25,000/-( I{upees trventy five thousand only) each with tq,o sureties for a like sum each to the salisfaction of VIII Additional Chief .ludicial Magistrate, Hydcrabad. 5 (ii) After release, the petiti ner/accused No.7 shall appear before the concem S.H.O. at 11.00 a.m. on every Saturday for a p riod of eight (8) weeks or till filing of the cha e sheet, whichever is of investigation, and earlier, for the purpose thereafter, as and when req ired. (iii) After release, if the etitioner/accused No.7 indulges in similar offence the respondent-State is entitled to file an applic n seeking cancellation ofthe bail granted by this ourt in his favour. (iv) The petitioner/accused o.7 shall abide bv the conditions stipulated i Section a83 (3) oi BNSS.

9. Accordingly, the Criminal P tition No.6924 of 2025 is allowed and Criminal Petition No.69 8 of 2025 is dismissed. Miscellaneous applications, pe ding ifany, shail stand closed I t SD/. MOHD.ISMAIL DEPUTY REGISTRAR //TRUE C PYII $.r SECTION OFFICER To, The Vlll Additional Chief Judicial IVIagi The Station House Officer, Bhavanai Two CCs to the Public Prosecutor, Hig Hvderabad [OUTI oire CC to i\4s Mudumba Laxmi, Advo Two CD Copies. 1 2 e 4 5 ate N am a p e Court for th Pa b H yd Ia ad t v Sta e St te of Te a noa na at Hvd Ia ad b ate [OPUC] NVB/I'SL --.&5m HIGH COURT DATE D : 1 810612025 .JR l rtC Sf4 l4: (('r 7 a \ I 13 AUE ilM \, ' Qs 51416,-lt C i <.. + GOMMON ORDER CRLP.No.6908 and 6924 ot 2025 THE CRIMINAL PETITION No.6924 OF 2025 lS ALLOWED AND CRIMINAL PETITION No.6908 OF 2025 IS DISMISSED /,Y /t ,.//' J // z4 l-