5E,E / ;~ i/ \ I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2836 OF 2025 Between : Gemmeli chl-ttibabu, s/o. chinnarao, aged about 26 years, R/o. vayyampelll- Village, Korapalll' panchayat, G. Madugula MandaI, AIIuri Sitharama Raju District, A.P. PetI-tiOner/Accused No.3 AND The State ofAndhra pradesh, Rep by its publl'c Prosecutor, High Court of Andhra pradesh Respondent petI'tiOn under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), praying that I-n the circumstances stated in the affldavI't fl-led I'n support of the crimI'nal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.3 on bail, pending disposal of crime No.42/2024 of Rolugunta p.s., now Anakapalli DI-Strict. The petition coming on for hearing, upon perusing the petI'tiOn and the grounds filed in support thereof and upon hearing the arguments of srI' GOLLAPALLI MAHESWARA RAO, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the following,I TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2836/2025 Between : Gemmeli Chittibabu AND The State Of Andhra Pradesh counsel for the Petitioner/accused: 1. GOLLAPALLI 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/Sec.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2O23, has been filed by the petit'loner/A3, seeking bail, in crime No.42/2024 of Rolugunta Police Station, Anakapalle District. 2. A case has been registered against the Petitioner and Others for the offence punishable u/sec.20(b)(ii)(C), 25 r/w 8(c) of NDPS Act. 3. Heard learned counsel for the Petitioner/A3 and the learned Assistant public Prosecutor representing the respondent/State. 4. Case of the prosecution, in brief, iSthat, On 15.02.2O24 atabout 10.30 am, on receipt of credible information regarding illegal possession and transportation of ganja, the s.I of Police, Rolugunta Police Station, along with staff rushed to outskirts of Koruprolu village, M.K.Patnam Panchayat, Rolugunta Mandal of Anakapalle District and conducted vehicle checking. ~- --3 s<`st e3 ----rf-rQ 2 They found three persons in suspicious circumstances. On enquiry, they disclosed their identity particulars as that of Al and A2 and one child in conflict with law and police found 62 kgs of ganja in their possession. Police seized the contraband and arrested the accused and got them remanded to judicial custody. They confessed the 'name of A3 in their confessional statement. During the course of investigation, A3 was arrested on 31.O1.2025 and remanded him to judicial custody. 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 15.02.2024 and basing on the confession statement of co- accused, this petitioner was arrested on 31.01.2025 and since then he has been in judicia'l 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 31.01.2025. Evidently no contraband has been seized from the possession of the petitioner. Since the accused has been in remand from 31.01.2025, this Court found that most of the investigation pertaining to the role played by the petitioner in the commission of the offence would be completed. lt is submitted that the €=-==.Lil-, 3 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 no antecedents are reported against the petitioner. considering the entire material on record, this Court is inclined to grant bail to the petit-loner with some conditions. 7. In the result, the Criminal Petition is allowed With the following conditions: (i) The petitioner/A3 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 Cases under NDPS Act, Visakhapatnam; (ii) on release, the petitioner shall appear before the Station House Officer concerned Once in a fortnight i.e. On every 2nd and 4th Sunday between lO.00 a.m. and 05.OO p.m., 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. Soy` //TRUE COPY// As s`:s#F#ES:: P: R oFFlcER For Abo.` E=bEiEi!E I To, 1. The I Addl'tional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam 2. The Additional Judicial First class Magistrate, Narsipatnam. 3. The Superintendent, central Jail, Visakhapatnam, Visakhapatnam District. 4. The S.H.O., Rolugunta p.s., nowAnakapalli Dl'strict 5. One CC to SRI. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court ofAP [OUT] 7. One spare copy KJ HIGH COURT TMR,J DATED : 25/03/2025 BAIL ORDER CRLP.No.2836 of 2025 ALLOWED :SwSG\AL :i:I--- - :___ c E¢[4r AkFS_ 6 NIELR \\l`L\ ttsese._A=;=££ i.i=S£-,s* I `i -.,-st