The High Court · 2025

The State of Telangana, Represented by Public Prosecutor, High Court for the State of Telangana. ...RESPONDENT/COMPLAINANT Petition under Section 482 of B.N.S.S., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner. on anticipatory bail in the event of arrest in relating to Crime No 517 of 2024. dated 25-11-2024, on the file of the Afzulgunj Police Station, Hyderabad District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Pelition and upon hearing the arguments of Sri KATIKA RAVINDER REDDY, Advocate for the Petitioner and SRI Syed Yasar Mamoon. the Additional Public Prosecutor for the State of Telangana on behalf of the sole Respondent, The Court made the following: ORDER lt,/./ THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15964 of 2O24 ORAL ORDER: This Criminal Petition is hled under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2O23 (for short tsNSSl for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.2 in Crime No.517 of 2024 befote Afzulgunj Police Station, Hyderabad District, registered for the offences punishable under Sections 8(c) read with 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short'I.[DPS ActJ and 34(a) of Telangana State Excise Act, 1968 (for short TSEA'). The brief facts of the case are that on 25. I 1.2O24' Sub

2. Inspector N. Jagadeesh conducted a surprise check at MGBS Bus Station's Platform 35, where he found Accused No.l in possession of 50O grams of Alprazolam. The contraband and a mobile phone were seized from Accused No. 1. During the investigation, Accused No. I made a confessional statement, which implicated the petitioner/Accused No. 2 as the one from whom the 2 SKS,J Crl.P-No.15964 of 2024 Alprazolam was purchased- However, the petitioner denies the said allegations, contending that their involvement in the case is illegal and arbitrary. Aggrieved thereby, this Criminal Petition is flrled.

3. Heard Sri K.Ravinder Reddy, learned counsel for petitioner, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent - State' Learned counsel for the petitioner submitted that

4. petitioner has no connection to the alleged crime and that he has been falsely implicated in the case, merely basing on the confession of Accused No. 1. He contended that tlrc police registered the FIR with malaftde intention to harass the petitioner, arraying him as Accused No' 2 under inapplicable Sections. He lamented that despite the absence of petitioner from the sccnc of olfence and lack of involvement, the police falsety impticated him, likely for statistical purposes. He asserted that the petitioner is an innocent man from a respectable famity, who is the sole breadwinner for his family, including his ailing mother' He divulged that the police faile d to follow legal procedures, 3 SKS.J Crl-P-No.15964 of 2024 has fixed assets and is willing to furnish securit5r and abide by Court conditions, fearing arrest and potential mist-reatment by police officials. Therefore, prayed the Court to grant pre-arrest bail to the petitioner by allowing this Criminal Petition.

5. On the other hand, the learned Additional Public Prosecutor vehemently opposed the submissions made by the learned counsel for the petitioner, stressing that the allegations against the petitioner are extremely serious and warrant careful consideration. He emphasized that the purported involvement of petitioner with Accused No. I, who was caught with a substantial quantity of contraband, raises significant concerns about their potential collusion. Therefore, he prayed the Court to dismiss the criminal petition, citing the gravity of the charges and the need for a thorough investigation.

6. Having regard to the rival submissions made and on going through the material placed on record, it is noted that the limited grievance of learned counsel for the petitioner is that the petitioner was falsely implicated in the case solely on 4 SKS,J {\ Crl.P.No.15964 of 2024 the basis of confession made by accused Nos. I to 4 in whose possession contraband was seized and that petitioner is no way concerned with the offences as alleged, whereas, it is the specific stand of learned Additional Public Prosecutor that petitioner is actively involved in the case and is working hand in hand with other accused persons.

7. At this stage, it is pertinent to observe that the Courts exercise caution while dealing with anticipatory bail petitions in NDPS cases due to the serious nature of these offences. In cases of NDPS, granting anticipatory bail in regular manner may hamper t1le investigation, allow the accused to abscond, and undermine public interest in preventing and controlling t-hese offences.

9. This Court is mindfut o[ the fact that the grant of pre-arrest bail at a stage when the investigation is still in progress, may impede the investigative process and potentially prejudice the case of the prosecution, therefore, there are no merits in this criminal petition to grant pre-arrest bail to the petitioner and the same is liable to be dismissed. 5 SKS,J Crl.P.No- 159& of2024 1O. Accordingly, this Criminal Petition is dismissed. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// Sd/- N. SRIHARI ASSISTA T REGISTRAR \_---- TION OFFICER The ll Additional Chief Judicial Magistrate at Hyderabad. The Station House Officer, Afzulgunj Police Station, Hyderabad District. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) O'ne CC to SRI KATIKA RAVINDER REDDY Advocate [OPUC] Two CD Copies To ,| ) 3 4 5 Pr/gh b HIGH COURT DATED:0710112025 I , ORDER CRLP.No.15964 ot 2024 tli: i '-.r\ ' a w,4 .;L() a, 20 FtB 2U6 ? ;: C,

1.. i -) '+ \ DISMISSING THE CRL,PETITION @J4' o .! {