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2025 DAILYLAW 11724 (AP)

KAKARA PYDIRAJU v. THE STATE OF ANDHRA PRADESH

CRLP/2911/2025 · 2025-03-26

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

-/, r/ //., [3369] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT: THE Betwee n : AND HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2911 OF 2025 Kakara Pydiraju, S/o. Tatabai, aged about 50 years, R/o. D.No.27-18- 23, Near Durgalamma Temple, Kallupakalu, Purnamarket, Visakhapatnam city, visakhapatnam Distrl'ct, A.P. Petitioner/Accused The State ofAndhra Pradesh, Rep by l'ts Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under section 437 & 439 of Cr.P.C and 480 & 483 of BNSS is filed 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/Accused on bail pending disposal of crl'me No.22/2025 of I Town Police Station, Visakhapatnam District . The petl-lion/Appeal coming on for hearing, upon perusing the petition and the grounds filed l'n support thereof and upon hearing the arguments of Sri GOLLAPALLI MAHESWARA RAO Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. APHCO10136562025 I, E]±lE IN THE HIGH CAOTUAPIAPRFAAvNADTTRA PRADESH (Special Original JurisdictI-On) [3369] WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO.. 2911/2025 Between : Kakara Pydiraju ...PETITIONER/ACCUSED AND The State OfAndhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the followin Order: This Criminal Petition under Sections 480 and 483 of BNSS, has been filed by the petitioner herein seeking regular bail in Crime No.22 of 2025 of I Town Police Station, Visakhapatnam commissionerate, registered for the offences punishable under sections 20(b)(I-i)(B) read with 8(C) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short [the NDPS Act'). 2. Case of the prosecution, in brief is that on 29.01.2025, on receipt of credible information, the Sub-Inspector of poll'ce along with his staff and mediators rushed to llth Jetty, I Town area, Visakhapatnam City and found the accused in possession of 1.1Kgs of Ganja. The contraband along with other material was seized under the cover of mediators report. c,?22i£-,=, € ---- i r/ 3. Learned counsel for the Petitioner contends that the Petitioner has been in judicial custody from 29.01.2025 and prays tO grant bail tO the petitioner herein. 4. On the other hand, learned Assistant Public Prosecutor vehemently opposed the grant of ba" to the petitioner and submits that one antecedent is reported against the petitioner herein and it is not related to NDPS Act. 5. Heard. Perused the record. 6. Learned counsel for the petitioner Submitted that the COntraband alleged to be seized from the possession of accused is only 1.1Kgs of ganja, which is not of commercial quantity. lt is submitted that the petitioner had permanent abode and there is no possibility of his fleeing away from the justice. lt is submitted by the learned counsel for the petitioner that most of the witnesses are shown to be official witnesses and the release of the accused would not cause hampering of investigat'lon and tampe.ring of witnesses. 7. In view of the aforesaid facts and C-lrCumStanCeS Of the Case and since the contraband involved in the present crime is not a commercial quantity, this couh is inclined to grant bail to the pet'ltioner herein. 8. ln the result, the Criminal Petition iS allowed With the fOllOW'lng condit'lons-. I-_ \_ l'. The petI-tiOner herein sha" be released on bail on his executI'ng a personal bond for Rs.1''0,000/- (Rupees ten thousand only) w,'th one surety for a ll-ke sum each to the satI®SfaCtI-On Of the learned I AddI-tiOnaI Dl'strict & sessI-OnS Judge-Specl'al Judge for Trial of offences under NDPS Act, Visakhapatnam. ii. on release, the petitioner sha" appear before the statl'on House officer concerned, once in a fortnight l'.e., on lst and 15th of every month between 10.00 AM and o1.OO PM., for a perl-od of three (3) months. Iii. The pet['tjoner shall make hI'mSelf available for I'nVeStI'gatI'On aS and when requI'red and that he sha" not cause any threat, I-nducement or PrOmI'Se tO the prosecutl-on witnesses. BEG IS TRAR '#_ne;; /ITRUE COPY// ForJ SD/-M.SRINIVAS A SsS#o=JICSET: To, 1. The I Addl. Dl'strl'ct & sess,-6ns Judge-specl-al Judge for Trl-al of Offences under NDPS Act, Vl'sakhapatnam. 2. The Superintendent, central Ja" Vjsakhapatnam, visakhapatnam Dl'strjct. 3. The station House offl'cer, I Town polI'Ce StatI'On, Vl'sakhapatnam District . 4. One CC to SRl. GOLLAPALLI MAHESWARA RAO Advocate [opuc] 5. Two CCs to pubII'C Prosecutor (AP) High Court ofA.P., Amaravatj [OUT]. 6. One spare copy L* HIGH COURT TMR,J DATED : 26/03/2025 BAIL ORDER CRLP.No.2911 of 2O25 ALLOWED \\.l, \-.'`