MARRI SUBBARAO @ SUBBU v. THE STATE OF ANDHRA PRADESH
CRLP/2384/2025 · 2025-03-21
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10024 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10024 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
` IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT:
L> qEIEE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2384 OF 2025 Betwee n : Marri SubbaraO @ Subbu, S/o. Late Ramanna, aged about 69 years, R/o. Kolanubanda Village, Lothugedda Panchayat, Chinthapalli Mandal, Alluri sitharama Raju Distrl'ct. I..Petitioner/Accused No.7 AND The State of Andhra Pradesh,``Rep by its Public Prosecutor, High Court of Andhra Pradesh ...Respondent petition under Sections 437 & 439 of Cr.P.C and Under Sections 480 & 483 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may beg pleased to enlarge the Petitioner/Accused No.7 on bail pending disposal of Crime No.125/2021 of Payakaraopeta P.S., now Anakapalli District. The Petition comI'ng On for-hearing, upon Perusing the Petition and the; memorandum of grounds filed in support thereof and upon hearing the arguments of SRI GOLLAPALLI MAHESWARA RAO, Advocate for thef- Petitioner, and of PUBLIC PROSECUTOR, for the Respondent;
APHCO10112892025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 2384/2025 Between I. Marri Subbarao @ Subbu AND The State Of Andhra Pradesh counsel for the petitioner/accused:
1. GOLLAPALL' MAHESWARA RAO [3369] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT counsel for the Respondent/COmPlainant:
1.PUBLIC PROSECUTOR The Court made the following Order-. This Criminal Petition, u/See.48O & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the Petitioner/A7, seeking bail, in crime No125/2021 of Payakaraopeta, Vishakhapatnam Rural. 2. A case has been registered against the Petitioner for the Offence punishable u/see. 20(b)(ii)(C) r/w Sec.8(c) of the Narcotic Drugs and psychotropic Substances Act. 3. Heard learned counsel for the Petitioner and the learned Assistant public prosecutor representing the respondent/State. ._#gr-2 e=-se -`_S
I --- _, a.
4. Case of the pros-ecutiOn, in br'lef, iSthat, On 31.3.2021 at 15 hours, on credible information regarding illegal possession and transportation of ganja, the s.I of police along with his staff, rushed tO NH-16, Nakkapalli to Tuni near Tandava Junction of Payakaraopeta Village and Mandal, they found Six Persons While COnduCting Vehicle Checking and they were in possession of 64 Kgs of ganja.
Police arrested them, seized the ganJ'a and got remanded the accused tO judiC'lal Custody. Al to A5 confessed that they purchased ganja from A6 who in turn purchased the same from A7, As such, the petitioner was arraigned aS A7 in the present crime and got remanded to judicial custody on 22.ll.2O24. 5. Heard. Perused the record. 6. Learned counsel for the Petit'lOner WOuld submit that basing on the confession statements of Al to A6, the name of the present Petitioner Was arrayed as an accused in the above said crime and noth|lng has been seized from the possession of the petitioner. The pet|ltioner has been in judiC'lal custody since 22.ll.2024. By this time, most Of the inVeStigat'ron might have completed and prays tO grant bail tO the Petitioner. 7. Contra to the Same, learned Public Prosecutor opposes tO grant bail tO the petitioner. 8. Considering the Subm'lSSiOnS made and On Perusal Of the material On record, it is noticed that basing on the confession statement of co-accused, the petitioner was arrayed as an accused and noth®lng was se'lzed from the Ei= RI _ `rJO <_----=_
c-z,? 3 possession of the petitioner, this Court is of the opinion that by this time most of the investigation might have been completed pertaining to the role played by the petitioner in the present crime. lt is submitted that the petitioner has permanent abode and there is no possibility of their fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioner would not cause tampering o,f evidence and hampering of investigation. As such, this Court is inclined to grant bail to the petitioner. 9.
[n the result, the Criminal Petition is allowed with the following conditions: (i) The petitioner/A7 herein shall be released on his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Hon'ble Additional Judicial First class Magistrate, Yelamanchili, now Anakapalli District; (ii) On release, the petitioner shall appear before the Station House Officer concerned once in a month i.e. on every 2nd Sunday between 10.00 a.m. and 05.00 p.m., for a period of three (03) months. (iii) the petitioner shall not interfere in the investigation and they shall not cause tampering of evidence and hampering of investigation. //TRUE COPY// 4ssSGSO:ys#:h€/Guc/O€ssGh6RP;fty4 For ASSI> I,._
.rfe_4_`, <=-_ * n - `~ri= L~ J/ `To,
1. The Additional Judicial First Class Magistrate, Yelamanchl'lI-, Now AnakapaIIi District
2. The Superintendent, central Jail, Visakhapatnam, visakhapatnam District
3. The Station House Officer, Payakaraopeta police StatI'On, Visakhapatnam Rural District
4. One CC to SRl. GOLLAPALLI MAHESWARA RAO Advocate [OPUC]
5. Two cos to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
6. One spare copy PSR
HIGH COURT TMR,J DATED :21 /03/2025 BAIL ORDER CRLP.No.2384 of 2025 ALLOWED r-',pr -,