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2025 DAILYLAW 12072 (AP)

BHARAVATH THARUN v. THE STATE OF ANDHRA PRADESH

CRLP/2988/2025 · 2025-04-16

T Mallikarjuna Rao

body2025

Judgment text

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_~_-- lN THE HIGH COURTOF ANDHRA PRADESH AT AMAl A. WEDNESDAY, THE SIXTEENTH DAY OF APRIL' TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2988 OF 2025 £ct-~~ Betwee n : Bharavath Tharun, S/o Seva Peda Thanna Age 28 years, R/o Kondapuram village Palakurfhi Mandal, Janagam District . . . petit-loner/Accused Al jt:AND The State of Andhra Pradesh, through Stat®lon House Officer, Sabbavaram PS, visakhapatanam city, Rep. by Pub\lic Prosecutor, H'lgh Court at Amaravati. ...Respondent petition under section 480^& 483 of BNSS (old Sections 437 & 439 of cr.p.c), praying that 'ln the circumstances stated in the memorandum of grounds filed in support of the cr'lminal petit'lon, the High Court may be pleased to the petitioner/Al on bail in connection With Crime No. 202 of 2024 of Sabbavaram PS. counsel for the petitione+ ` : sr'l Ramineni Sudheer counsel for the Respondent : Assistant Public Prosecutor. The Court made the following ORDER.. APHCO10141312025 EEi- IN THE HIG'H COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original JurI-SdiCtiOn) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION Between: Bharavath Tharun NO: 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 petitioner/A1, seeking regular bail in cr.No.202/2024 of Sabbavaram police station, Anakapalle District. 2. The above said crime was registered against the petitioner/Al herein and others for the offence punishable u/sec.8(c), 25 I/w See.20(b)(l'i)(C) of the NDPS Act. 3. Thecaseofthe prosecution I'n brief is asfollows: On 25.8.2024 at about 3.00 pm, on receipt of credible information about illegal possession and transportation of ganJ'a, the Sl of police, I-E= rEiE=E=E I, + 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 susp'lcious circumstances. on observing police, 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 petitioner contended thatthe PetitiOneriS in judicial custody from 25.8.2024 and most of the investigation iS completed and after expiry of statutory period, pol'lce 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 per'IOd 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. lt has been subm'ltted 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 Tffff3ffj? not impede the investigation or tamper with the ev'IdenCe and also after completion of statutory period, police have not filed charge sheet and also they have not filed any petition for extension of time for investigation. ln view of 'lnvolvement of huge quant|lty of contraband, this court views that imposing stringent conditions would meet the ends of justice. 8. ln View Of the aforesaid facts and C',rCumStanCeS Of the Case, th|lS court 'ls inclined to grant bail to the petit|loner/Al w'lth following COnd'ltiOnS. (i) The petitioner/Al herein Shall be released On h'lS executing a personal bond for Rs.1,00,000/-(Rupees One lakh only) w'lth two sureties for a l'lke sum each to the satisfaction of the learned I Additional District and Sess-Ions 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 (o3) months. (i'li) the petitioner shall not tamper with the evidence and hamper the invest|lgation and shall cooperate for investigation. 9. Accordingly, the Criminal Petition iS a''OWed. SD,- B.PRriSAD RAG //TRUE COPY// J| ___,\ To'1. The I Add'ltional District and Sessions Judge, VisakhaPatnam. 2. The Super'lntendent, Central Prison, VisakhaPatnam, VisakhaPatnam District. 3. The Station House officer, Sabbavaram Police Station, V-lsakhapatanam City, qLO®ul >m u v'lsakhapatnam D-lstrict one cc to sri Raminen'l Sudheer, Advocate [OPUC] Two CCs to Public Prosecutor (AP) High Court of Andhra Pradesh [OUT] One spare COPY ~/ EriE! Biii HIGH COURT TMR,J DATED:16/04/2025 BAIL ORDER CRLP.No.2988 of 2025 ALLOWED