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High Court of Andhra Pradesh · body

2025 DAILYLAW 10842 (AP)

VANAPALLI RAJU v. THE STATE OF ANDHRA PRADESH

CRLP/2667/2025 · 2025-03-20

T Mallikarjuna Rao

body2025

Judgment text

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-^ I/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE J :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO~ CRIMINAL PETITION NO: 2667 OF 2025~ Betwee n : Vanapalli Raju, S/o Kondala Rao, Age 32 years, Occupation Cloth Business Hukumpeta Village and Mandal, Visakhapatnam District. Petitioner/Accused ,` AND / The State OfAndhra Pradesh, Rep., by Public Prosecutor, High Court ofA.P. at Amaravati. Respondent/Complainant - Petition under Section 528 of BNSS, praying that in the circumstances stated in the affidavit filed in support of the criminal Petition, the High Court may be plea-sea to ('a) Relax/Modify the bail condition imposed in criminal Miscellaneous Petition No. 2998 of 2022 by'the' learned Dl'strict and Sessions Court, Visakhapatnam, dated o3.08.2024, requiring the Petitioner to appear before Gajuwaka Police Station on every second saturday of every month, (b) Substitute the said condition with a direction that the petitioner shall appear before the Investigating Officer or the trial court as and when required COUNSEL FOR THE PETITIONER : SRl. KARUMANCHI DHEERAJ REDDY COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE C`6uRT MADE THE FOLLOWING ORDER [3369] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 2667,2a2! Betwee n : Vanapalli Raju -I.PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. KARUMANCHI DHEERAJ REDDY Counsel for the Respondent/comp]ainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- This Criminal Petition, under Section 528 of the BNSS, has been filed by the petitioner/accused No.1, seeking relaxation the bail condition imposed in Crl.M.P.No.2998 of 2022 by the learned Metropolitan Sessions Judge-cum-Special Judge for trial of offences under NDPS Act, Visakhapatnam. --,i--- - - A 2 2. The petitioners rf'erein is Al l'n Crime No.13 of 2022 of Gajuwaka Police Station, registered for the offence punishable under Section 20(b)(ii)(C) r/w 8(c) of the Narcotic Drugs and Psychotropic substances Act,1985 (for short lthe NDPS Actl). The petitioner/Al fI'Ied petition in CrI.M.P.No.2998 of 2022 for grant of regular bail. By Order dated 03.08.2022, the Metropolitan Sessions Judge-Gum-Special Judge for trial of offences under NDPS Act, Visakhapatnam, granted bail. The operative portion of the order, contained in para No.7, reads as follows. ll9. ln the result, the petition is allowed with conditions and the petitioner/Al l's enlarged on bal'I on his furnishing Bond for Rs.1,00,00O/-(Rupees One Lakh Only) with two sureties for like sum each to the satisfaction-of special Judicial First class Magistrate for Excise, Visakhapatnam and on condition, directing the petitioner/Al shall appe before the Gajuwaka P.S. on every I O co ®aa •| -a Saturday of the month in between 10.0-0 A.M. 5.00 P.M. and gl've his attendance till filing o charge-sheet. This court further directed E= J2£®c® -- Petitioner/Al to co-operate with the investigation agency where and when his presence is required for smooth functioning of the investigation. He is further directed not to abscond and attend the court regularly without fail and also that he should not involve in the similar offences. lf the petitioner/AI violates any of the above conditl'on, the bal'I stands canceled." -_----_~ 'q ___ /, / ` , - l=9E= To, 3 3. Learned counsel for the petitioner submits that, for the Past two years, the Petitioner has complied With the condition Of J, attending before the investl'gating officer on every second Saturday. However, despite the expiration of the two years period, the charge sheet has not been filed, and the investigation remains incomplete. Due to the petitioner's regular attendance before the investigating officer on every second Saturday, it has been causing significant inconvenience to the petitioner in fulfilling business duties. Therefore, the petitioner has moved the present application seeking relaxation/ modification of the said condition. 4. In view of the facts and circumstances of the case, the Criminal Petition is allowed, and the condition of the petitioner attending before the investigating officer on every second Saturday is relaxed. Rest of the bail conditions stand intact. Pending miscellaneous applications, if. any, shall stand closed. sD/-V.SAVITRI GOWRl ASSIS /ITRUE COPY// T% N_I_a_i_G:S_T_R.A_R For ASSISTANT REGISTRAR 1) The Metropolitan Sessions Judge-Gum-Special Judge for Tr'lal of Offences under NDPS Act, Visakhapatnam 2) The District and Sessions Court, Visakhapatnam 3) The Stat'IOn House officer, Gajuwaka Police Station, Visakhapatnam 4) One CC to SRl. KARUMANCHI DHEERAJ REDDY Advocate [OPUC] 5) Two CCs to PUBLIC PROSECUTOR, H-lgh Court of A.P[OUT] e` nna enara A_nrlV HIGH COURT TMR,J DATED : 20/03/2025 BAIL ORDER CRLP.No.2667 of 2025 ALLOWED