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2025 DAILYLAW 12048 (AP)

SETTI MALLESWARA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/2995/2025 · 2025-04-16

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WEDNESDAY ,THE SIXTEENTH DAY OF APRIL I c-- TWO THOUSAND AND TWENTY FIVE ;PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2995 OF 2025 far Betwee n : Setti Malleswara Rao, S/oBojjjanna Age 24 years, R/o Panasapattu village Malkangiri District, Odisa State Petitioner/Accused A2 The State of Andhra Pra,desh, through Station House officer, Sabbavaram PS, Visakhapatanam City, Rep. by Public Prosecutor, High Court at Amaravati. AND Respondent Petition under Section 437 & 439 .of Cr.P.C. / 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 release the Petitioner/A2 on bail in connection with Crime N6. 202 of 2024 of Sabbavaram PS. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri RAMINENI SUDHEER Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. APHCO10141292025 E IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO Between : CBLMINAL PETITION NO: 2995/2025 Setti Malleswara Rao The State Of Andhra Pradesh ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT Counsel for the petitioner/accused.- 1.RAMINENI SUDHEER Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition under sections 480 and 483 of B.N.S.S., has been filed by the petitl'oner/A2, seeking regular bail in cr.No.202/2024 of Sabbavaram police stall-on, Anakapalle District. 2. The above said crime was registered against the petitioner/A2 herein and others for the offence punishable u/Sec.8(c), 25 r/w See.20(b)(ii)(C) of the NDPS Act. 3. The caseofthe prosecution in briefisasfollows: On 25.8.2024 at about 3.00 pm, on receipt of credible information about illegal possession and transportation of ganJ-a, the SI of police, .zz2Zfi secured the presence of his staff and mediators and rushed to sabbavaram-Kothavalasa R & B tar road, Gullepalli junction, Sabbavaram Mandal and found Al and A2 in suspicious cI'rCumStanCeS. On observing poll'ce, they tried to escape. Then police apprehended them and on questioning, they disclosed their identity particulars as that of Al and A2 and police found 912 kgs of ganja in their possession. Arrested the accused, seized the contraband. 4. Learned counsel forthe petitionercontended that the petitioner is in judicial custody from 25.8.2024 and most of the investigation is completed and after expiry of statutory period, police have not filed charge sheet as such the petitioner is entitled for statutory bail. 5. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory Period iS completed, but opposed tO grant bail. He further submitted that no antecedents are reported against the petitioner. 6. Heard both sides. 7. Given that the petitioner has been in remand since 25.8.2024, this Court views that most of the investigation concerning the petitioner's role in the commission of the alleged offence has likely been concluded. It has been submitted that the petitioner has a permanent residence, and there is no credible apprehension of his fleeing away from justice. Additionally, since most of the witnesses are official, the release of the petitioner would .---- c` - -<±* not impede the investigation or tamper with the evidence and also after completion of statutory period, police have not filed charge sheet and also they have not filed any petit'lon for extension of time for investigation. ln view of involvement of huge quantity of contraband, this Court views that imposing stringent conditions would meet the ends of justice. 8. ln view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/A2 with following conditions. (i) The petitioner/A2 herein shall be released on his executing a personal bond for Rs.1,00,000/-(Rupees one lakh only) with two sureties for a like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Visakhapatnam; (ii) On release, the petitioner shall appear before the Station House Officer concerned on every Wednesday and 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. 9. Accordingly, the Criminal Petition is allowed. sD/- B.PRAsAD FiA® ASSISTANT R For /ITRUE COPY// SECTION OFF ER 1. The I Additional District & Sessions Judge, Visakhapatnam. 2. The Superl'ntendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Sabbavaram PS, Visakhapatanam City. 4. One CC to SRI. RAMINENI SUDHEER Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 6. One spare copy HIGH COURT TMR,J DATE D : 1 6/04/2025 BAIL ORDER CRLP.No.2995 of 2025 ALLOWED 17 AOfl 7" *`.. 1':I .|/C, A -.I +c¢