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2020 DIGILAW 259 (TS)

Bhukya Homji Naik v. State Of Telangana

2020-02-11

G.SRI DEVI

body2020
JUDGMENT G.Sri Devi, J. - This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the petitioner/Accused No.5 for grant of anticipatory bail in the event of his arrest in connection with Crime No.240 of 2019 of ITown Police Station, Nalgonda District, Telangana State, registered for the offence punishable under Section 20(b)(ii)(c) of NDPS Act, 1985. 2. Heard learned counsel for the petitioner/Accused No.5 and the learned Additional Public Prosecutor representing the respondent-State. Perused the record. 3. The allegation in the complaint would go to show that on 24.10.2019 at about 20.00 hours one P.Shankaraiah, SubInspector of Police, I Town Police Station, Nalgonda District, received information that one Md. Iliyaaz Ahmed alias Mubeen was selling Ganja along with other two persons. He visited the house which was newly constructing house and found 210 Ganja bags in a bathroom, transported in a DCM bearing No.AP 37Y 3345 on the direction of the petitioner/Accused No.5 and thereafter one Kamlesh transferred an amount of Rs. 24,000/- to the petitioner's google pay Mobile No.9440807439. Except the above said allegation, no Ganja was found in the possession of the petitioner. 4. Learned counsel for the petitioner/accused No.5 would submit that the petitioner/accused No.5 is an old aged person with old aged ailments; that the case was hastily filed by the police against him without verifying the real facts; that he is implicated in the above said case through some persons, who are having political influence; that the petitioner has not committed any offence; that the petitioner is having permanent place of abode; that the petitioner is ready to furnish sufficient sureties; and that the police are threatening the other family members in his house and hence, he prays to grant anticipatory bail to the petitioner/accused No.5. 5. Learned Additional public Prosecutor opposed the grant of the bail to the petitioner/Accused No.5. 6. As seen from the record, the bail application of the petitioner/accused No.5 was dismissed vide order, dated 28.11.2019, in Crl.M.P.No.936 of 2019, on the file of the I Additional District and Sessions Judge, Nalgonda. Further, the allegations levelled against the petitioner are grave in nature. Therefore, I am not inclined to grant bail to the petitioner. 7. Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this petition shall stand closed.