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2025 DAILYLAW 11395 (AP)

VITHANALA DURGA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/2976/2025 · 2025-03-25

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURTOF ANDHRA PRADESH AT AMARA TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA Between I- CRIMINAL PETITION NO: 2976 OF 2025 vithanala Durga Rao, S/o.Raju Babu, Aged 24 years, Settibalija, Yatapetaveedhi, pedda Bodddupalli (V), Narsipatnam (M), Anakapalli District. Petitioners/A.1 AND The State ofAndhra Pradesh, By its Public Prosecutor, High Court ofA.P., Amaravati, Through Station House Officer, Bhl'mavaram I Town Police Station, Respondent Petition under sections 437 and 439 of Cr,P.C(New Sectl-ons 480 and 483 of Bharatiya Nagarik Suraksha sanhita,2023), is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criml'naI PetI'tiOn, the Hl'gh Court may be pleased to enlarge the Petitioners/A.1 on Regular Bail in connection with crime No.311/2023 on the file of Bhimavaram I Town Police Station, West Godavari District, dated:02.ll.2023 . The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri KOTTI SIVA, Advocate for the petitioner and of PUBLIC PROSECUTOR for Respondent, the court made the following ORDER Jr APHCOIO131582025 ,. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3369] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2976/2025 Betwee n : Vithanala Durga Rao ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petit-loner/accused: 1. KOTTI SIVA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER:- This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner/A1, seeking regular bail, in Crime No.311 of 2023 of Bhimavaram I Town Police Station, West Godavari District. 2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short {the NDPS Act'). a-i+iy _-,, } 2 3. The brief facts ofllhe case are that on 02.ll.2023 at about 4.30 p.m., upon receiving credible information about the illegal possession and transportation of ganja, the Sub-Inspector of Police, along with his staff and mediators, rushed to Motorcycle shed, West Terminal, Bhimavaram Railway Junction, and found three persons along with plastic bags. The police officials opened the plastic bags and found 3.25 kgs of ganja and seized the ganja. The contraband, along with other materials, was seized under the cover of mediator's report. 4. Heard. Perused the record. 5. The learned counsel for the petitioner/Al submits that AI was remanded to judicial custody on 05.03.2024 and has been in judicial custody since then. The contraband involved is stated to be 3.25 kgs of ganja, which does not constitute a commercial quantity, The learned Assistant Public Prosecutor has not disputed this fact. The learned counsel for the petitioner further submits that the petitioner has a permanent residence at Pedda Boddupalli Village, Narsipatnam MandaI, Anakapalli District, and there is no possibility of his fleeing away from the Jurisdiction of the Court. Most of the witnesses are shown to be official witnesses and the release of the Petitioner/Al would not cause \`- c>~ +iH 3 hampering of inves'tigation, this court is incll|ned to grant bail to the petitioner herein/A1, on the following conditions: (i) The petitioner/Al shall be released on executing a Personal bond for Rs.10,000/-(Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned lI Additional Junior Civil Judge-Gum-II AddI'tiOnal Judicial Magistrate of First class, Bhimavaram. (ii) After release, the petitioner shall appear before the Station House Officer concerned, once in a fortnight for a period of three (03) months. (iii) That the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses and he shall cooperate with the investigation. 6. Accordingly, the Criminal Petition is allowed. DEPUTY RE Sell_ K.TATA RAO S TFIAR //TRUE COPY// To, 1. The ll Addl. Cl'vil Judge (Junior Division) Gum ll Addl. Judicial Magistrate of First class, Bhimavaram. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, Bhimavaram 1 Town Police Station. 4. One CC to SRl. KOTTI SIVAAdvocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court of A,P [OPUC] 6. One spare copy nat/ r, HIGH COURT TMR,J DATE D.. 25/03/2025 BAIL ORDER CRLP.No.2976 of 2025 ALLOWED tit:?._1,.I..:1l`\},il %yit \fu &- df1L'iE tJ unap-ct. FEE!E E= cJ= tl k+RES £~E ~FT§£i#SSgr#