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2025 DAILYLAW 11474 (AP)

RATHOD HARI v. THE STATE OF ANDHRA PRADESH

CRLP/3208/2025 · 2025-04-02

T Mallikarjuna Rao

body2025

Judgment text

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMA + WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3208 OF 2025 I Between: Rathod Hari, S/o. Rathod Ramachander, D.No 5-46, Shaikapur Thanda, zaheerbad, shalkapur, Medak Telangana-502220. ...petitioners/Accused No.3 AND The State of Andhra Pradesh, Through A.P.P. High court Of A.P. I..Respondent/Complainant .-...rr-I.- -y4'gr-.-` .-..il!<-,-T*;_==..` --.t petition under sections 437 & 439 of Cr.P.C (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 be pleased to enlarge the petitioner/ accused No.3 on bail pending disposal Of cr.No.187/2022 of Kovvur PS, West Godavari District. 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 SRINIVASA RAO BUSI, Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent; .i Between : Rathod Hari ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. SRINIVASA RAO BUSI Counsel for the Respondent/complainant: 1. The Coult made the following Order: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/A3, seeking regular bail, in Crime No.187 of 2022 of Kovvur Town Police Station, registered for the offences punishable under Sections 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution is that, on 28.06.2022, on receipt of credible information, the Sub-Inspector of Police along with his staff and mediators rushed to Gammon India bridge, NH-16, Kovvur Town, and caught the accused in possession of 249.470Kgs of Ganja. The contraband along with other material was seized under the cover of Mediators Report. `_i- E-rd _-=SI -f565-I 3. Heard. Perused the record. 4. Learned counsel for the petitioner submits that basing on the confessional statement of co-accused, the petitl'oner herein is arrayed as accused in the present crime. In pursuant to the confessional statement, the petitioner herein was produced on executI-On Of P.T. Warrant on 09.01.2025. Except the confessional statement, no other material is collected showing the complicity of the petitioner in the present crime. Learned Assistant Public Prosecutor opposed to grant bail on the ground that the petitioner herein was involved I-n three Other Crimes. It is submitted by the learned counsel for the petitioner that the petI'tiOner has Permanent abode and there iS nO POSSI'bility of his fleeing away from the JurisdictI'On Of the Court. It is submitted by the learned Assistant Public Prosecutor that the investigation in the present crime is completed and charge sheet is also filed. 5. ln view of the facts and circumstances of the case, since the petitioner herein is arrayed +as accused basing on the confessional statement of co-accused, this court is inclined to grant bail to the petitioner herein/A3, on the following conditI'OnS. I'. The petitioner herein/A3 shall be released on executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the E=i= ERE _A =_a_hzE i 3 I, learned I Additional District & Sessions Judge-Gum-Special Judge under NDPS Act, West Godavari District, EIuru. ii. The petitioner shall co-operate with the trail of the Case. 6. Accordingly, the Criminal Petition is allowed. //TRUE COPY// A S SsFsEDT:iT:#R#j!#§€T:RDRA¥R I Tot 1. The Special Judge u-nder_ NDPS Act-Gum-I Additional District & Sessions Judge, West Godavari at Eluru. 2. The Superintendent, Central Jail, Sangareddy (Kandhi), Telangana. 3. The Station House Officer, Kovvur Town Police StatI®On, West Godavari District 4. One CC to SRl. SRINIVASA RAO BUSI Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [O UT] 6l One spare copy PSR I, HIGH COURT TMR,J DATED.. 02/04/2025 BAIL ORDER CRLP.No.3208 of 2O25 ALLOWED E--- lfl 4 «PR 10fr5