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High Court of Andhra Pradesh · body

2025 DAILYLAW 11259 (AP)

SAMARDHI RAJU v. THE STATE OF ANDHRA PRADESH

CRLP/2809/2025 · 2025-04-01

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

jgrzzz, ` I. lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2809 OF 2025 [3369] Betwee n : samardhi Raju, S/O Kondappa, Aged 28 Years, Balluguda Village Araku Valley Mandal, ASR District Petitioner/A.2 AND The State of A.P, Rep. By its Public Prosecutor, High Court ofA.P., Amaravati, Through Station House Officer, Ananthagiri Police Station. Respondent petition under sections 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner/A.2 on Regular Bail in connection with Crime No.79/2024 on the file of Ananthagiri Police Station, AIIuru Sita Ramaraju District dated:22.ll.2024. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri KOTTI SIVA, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following; lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 2809/2025 Between : Samardhi Raju AND The State Of Andhra Pradesh counsel for the Petitioner/accused: 1. KOTTI SIVA [3369] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT counsel for the Respondent/comPlainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/See.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the Petitioner/A2, seeking bail, in crime No.79/2024 of Ananthagiri pol'ICe Station, ASR District. 2. A case has been registered against the Petitioner and Others for the offence punishable u/sec.111(2)(b) B.N.S and See.20(b)(ii)(C), 25 r/vi 8(c) of NDPS Act. 3. Heard leamed COunSel for the petitioner and the leamed Assistant public prosecutor representing the respondenVState. / J-._ ~ 2 4. Case of the prosecution, in brief, is that, on 22.ll.2024 at 6.00 pm, on receipt of credible information, regarding illegal possession and transportation of ganja, the S.I of Police, along with staff and mediators conducted vehicle checking in front of police station of Ananthagiri. They observed two swift cars bearing registration nos.TN 91 D 8708 and TN 05 CM 5169 crossed them with high speed and stopped the cars at some distance. The inmates in the car got down from the cars and tried to escape. Then police apprehended six persons while the other five persons escaped from there. On enquiry, said six persons disclosed their identity particulars as that of A4 to A6, A8, A9 and All and police found 100 kgs of ganja in their possession. They confessed the involvement of other accused i.e. Al to A3, A7 and A10 in the commission of the offence. Police arrested A4 to A6, A8, A9 and All and remanded them to judicial custody. During the course of investigation, police arrested the petitioner on 23.01.2025. 5. Heard. Perused the record. 6. Learned Assistant Public Prosecutor submits that major part of the investigation is completed except filing of charge sheet for want of RFSL report and prays to dismiss the petition. 7. Learned counsel for the petitioner submits that a crime came to be registered on 22.ll.2024 and basing on the confession statement of co- accused, this petitioner was arrested on 23.01.2025 and since then he has .-rf> --` 3 been in judicial custody and--the same was not disputed by the learned Assistant Public Prosecutor. 8. After careful observation of the material On record and SubmiSSiOnS made on behalf of both sides, it shows that the Petitioner Was arrested and remanded to judicial custody on 23.01.2025. Evidently nO contraband has been seized from the possession of the petitioner. Since the accused has been in remand from 23.01.2025, this Court found that most Of the invest'lgation pertaining to the role played by the Petitioner in the commission of the offence would be completed. lt is submitted that the petitioner has permanent abode and there is no possibility of his fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioner would not cause tampering of evidence and hampering of investigation. when ascertained, learned Assistant Public prosecutor submitted that one antecedent reported against the petitioner. considering the entire material on record, this court is inclined to grant bail to the petitioner with some conditions. 9. ln the result, the Criminal Petition is allowed with the following conditions: (i) The petitioner/A2 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 I Additional District and Sessions Judge-Gum- special Judge for trial of OffenCeS under NDPS Act, Visakhapatnam. `.I-`..` lIII- Eiiiii -± 4 (ii) On release, the petitioner shall appear before the Station House Officer concerned on every Sunday between 10.00 a.m. and 12.00 noon, for a period of three (03) months. (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. sd/i u. SRI DEVl ASSISTANT R G ISTRAR Fo //TRUE COPY// SECTION OFFICER _ __ ____ _______"`---T< Tol 1 ) The I Additional District & Sessions Judge-cum-Special Judge for Trial of offences Under NDPS Act, Visakhapatnam 2) The Judicial Magistrate of F'lrst class At Araku 3) The Superintendent, Central Prison, Visakhapatnam 4) The Station House Officer, Ananthagiri Police Station, Alluru Sita Ramaraju District 5) One CC to SRl. KOTTI SIVA Advocate [OPUC] 6) Two CCs to Public Prosecutor, High Court ofAP [OUT] 7) One spare copy Kj \.\_.-i `\. HIGH COURT TMR,J DATED:01 /04/2025 BAIL ORDER CRLP.No.2809 of 2025 ALLOWED \;grrf*£NAIti ® F{f o 2 ELPR 1\15 F=gREENEEEIELREE=