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2025 DAILYLAW 11769 (AP)

MUVVALA KRISHNA v. THE STATE OF ANDHRA PRADESH

CRLP/2980/2025 · 2025-03-27

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT-OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SEVENTH DAY OF MARCH, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2980 OF 2025 Between: Muvvala Krishna, S/o Nagendra, Aged 31 years, C/PTG, VelamJ-uWi Village, Balapam Panchayath, Chl'nthapaIIi MandaI, AIIuri Sita Rama Raju District. ...Petitioner/Accused No.3 AND The State of A.P, Rep by its public Prosecutor, Through the SHO, Rampachodavaram police statl'on, East Godavari District, High Court of Andhra Pradesh at Amravati. ...Respondent/Complainant Petition under sections 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support Of the Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No.3 on baI'I l'n FIR No.121 of 2023 of Rampachodavaram Police Stall-on, East Godavarl' District on 18-ll-2023. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of M/s Pangi Raju Babu, Advocate for the petitioner and of public Prosecutor for Respondent, the court made the following r APHCO10137622025 EHE] // IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 2980/2025 Between : Muvvala Krishna AND The State Of Andhra Pradesh counsel for the Petitioner/accused: [3369] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT 1.PANGI RAJU BABU 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, 2023, has been filed by the Petitioner/A3, seeking bail, in crime No.121/2023 of Rampachodavaram police Station, ASR District. 2. A case has been registered against the Petitioner and Others for the offence punishable u/see.20(b)(ii)(C) r/w 8(c) of NDPS Act. 3. Heard learned counsel for the Petitioner and the leamed Assistant public prosecutor represent'lng the respondenVState. 4. Case of the prosecution, in brief, iS that, On 18.ll.2023 at ll.OO am, on receipt of credible information, regarding illegal possession and transportation of ganja, the s.I of Police, along with staff and mediators rushed to tar road, outskirts of peda Geddhada village and conducted vehicle checking. They observed one auto bearing registration nO.AP 31 +=G -a:? - as€_ 2 + TG 3642 was coming. on seeing police, the inmates in the auto tried to ran away. Then police apprehended two persons while the other one ran away. On enquI'ry, they disclosed their identity particulars as that of Al and A2 and POliCe found 60 kgs of ganja in thel'r possession in the auto. They confessed that they collected the ganja from A3 and hence the name of the PetI'tiOner Was included in the F.I.R. Police arrested Al and A2 and remanded them to judicial custody. During the course of investigation, police arrested the petitioner on 22.ll.2024. 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 18.ll.2024 and basing on the confession statement of co- accused, this petitioner was arrested on 22.ll.2024 and since then he has been in J'udiCial 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 J'udiCial Custody On 22.ll.2024. Evidently no contraband has been seized from the possession of the petitioner. since the accused has been in remand from 22.ll.2024, this Court found that most of the investigation pertaining to the role played by the petitioner in the I 3 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 no 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/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 offences under NDPS Act, Rajamahendravaram; (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. /ITRUE COPY// SD/-M.SRINIVAS A' ASSISTAN2£GISTRAR SECTION OFFICER ±-------+T9 Tol I/ 1. The I Additional District & Sessions Judge -Gum-Special Judge for Trial of offences under NDPS Act Court at Rajamahendravaram. 2. The Superintendent, Central Prison, Rajamahendravaram. 3. The Station House Officer, Rampachodavaram Police Station, AIluri Sitharama Raju District. 4. One CC to SRI PANGI RAJU BABU, Advocate [OPUC] 5. Two CCs toPUBLIC PROSECUTOR, High Court of A.P., Amaravati. [OUT] 6. One spare copy. PSD HIGH COURT TMR,J DATED : 27/03/2025 BAIL ORDER CRLP.No.2980 of 2025 ALLOWED