L ----- _,z# IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3053 OF 2025 Betwee n : J [3369] Madhaba Khemundu @ Madev Barmali, S/o.Dhana Khemundu, aged abt 27 years, R/o.SariypaIIi Village, Nilakhamar Panchayat, Korukonda BIock, OrkaI PS, District Malkangiri, Kerala State. Petitioner/A2 AND The State ofAnd`hra Pradesh, SHO, Gajapathinagaram p.s., Vijayanagaram, Represented by its public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. Respondent Petition under sections 480 & 483 of BNSS (Old Sections 437 & 439 of .P.C), praying that I'n the circumstances stated in the affidavit filed in support of the crI'ml'nal Petition, the High Court may be pleased to enlarge the petitioner/A2 on Regular Bail in respect to the crime No.153/2024 on the file of Gajapathinagaram police Station, Vizianagaram. The petitI'On COml'ng on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearI'ng the arguments of Sri ANAND KUMAR KOCHIRl, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the following; APHCO10143132025 EiLITE1 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) [3369] FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO £BIMINAL PETITION NO: 3053/2Q2E Between : 1.MADHABA KHEMUNDU ALIAS MADEV BARMALl, S/O.DHANA KHEMUNDU, AGED ABT 27 YEARS, R/O.SARIYPALLI VILLAGE, NILAKHAMAR PANCHAYAT, KORUKONDA BLOCK, ORKAL PS, DISTRICT MALKANGIRI, KERALA STATE. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, SHO, Gajapathinagaram P.S., vijayanagaram, Represented by its Publ-lc Prosecutor, H-lgh Court of Andhra Pradesh at Amaravati, Guntur District. ...RESPONDENT/COMPLAINANT counsel for the pet-ltioh-er/accused'. 1.ANAND KUMAR KOCHIRI counsel for the Respondent/COmPlainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the Petitioner/A.2, seeking *--se.-_ / regular baH I'n Crl'me No..153 of 2024 of Gajapathinagaram police station, ` I/ VizI'anagaram District. 2. A case has been registered agaI|nSt the petjtjoner and another for the offence punishable under sectI'On 8/c I/w 20(b)(jI')(B) of NDPS Act. 3. Heard learned counsel for the petitl'oner/A.2 and the learned AssI'Stant publl'c Prosecutor representing the respondenvstate. 4. case of the prosecutI'On, in brl'ef, is that, on 17.08.2024 at about 2.00 p.m., on recel'pt of credI-ble jnformatjon regarding illegal possession and transportatl'on of ganja, the s.I. of police, Gajapathinagaram poll'ce station along wI-th Staff and mediators rushed to GaJ'aPathjnagaram Railway Station and found one person Ion suspI'CiOuS Cl'rCumstances. On seeing the police, he trl'ed to escape there from. Then, police apprehended hl'm and on enqul-ry, he d,'sclosed hl's identity partl'culars as that of A.1 and poll-Ce found 4 Kgs. of ganja l'n hl's possession. He confessed that the petl'tI-Oner/A.2 supplied the ganJ'a tO hl'm and hence the name of the petI'tI.Oner was I-nCIuded in the FIR. police arrested Al and remanded him to judI.CI'al custody. During the course of investI-gatI'On, police arrested the petl-tioner/A.2 on 30.01.2205 and remanded to judicl'al custody. 5. Heard. perusedtherecord. 6. Learned counsel for the petI-tl'Oner/A.2 contends that a crime came to be registered on 17.08.2024 and basing on the confessional statement of co- | `.-,-`3_` accused, the petitioner was arrested on 30.01.2025 and since then he has been in judicial custody. 7. Learned Assistant Public Prosecutor opposed to grant bail on the ground that investigation. is not yet completed. --E- 8. After Careful observation Of the material on record and submissions made on behalf of both sides, it shows that basing on the confessional statement of A.1 who was Said tO be in possession Of 4 Kgs. of ganja, the name of the petitioner was arrayed as A.2. Evidently, no contraband has been seized from the possession of the petitioner. Since the petitioner/A.2 has been in remand from 30.01.2025, this Court found that most of the investigation pertaining t,o the role played by the petitioner in the commission of the offence would be completed. As the petitioner/A.2 is shown to be the permanent resident of Sar-lypalli Village of Kerala State, there -ls no possibility of fleeing away from justice and most of the witnesses are official witnesses and the release Oflthe Petitioner WOuld not Cause tamPering Of evidence and hampering of investigation. When ascertained, learned Assistant Public prosecutor submitted that no antecedents are 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/A.2 shall be released on his executing a personal bond for Rs.10,000/-(Rupees Ten thousand only) with Z= To, 4 o*:sutrraett: foor€a ::res{sucml::stlheGSaaI{:Snfla+Ch1:: : _a"he I earned J ud I CI aI :las:r;ISctt:ate of FIrS{ Cla=:, `=aqJ`=P\ad{Chl:::goafrtah= , IeavrlnZ=adn::dalrCaI= Dl'strI'Ct,- (,,) on release, the pet,t,oner sha" appear before the slat,on T>_: : Sea y obfefi=ere ncolnOCeoron Gad: o-n±neri® I::F\ Ina^a PFoenatrh_ble:a reo ntheeves:tI2Onnd sunday between 10 00 a m and o5 00 p m , flora per,od of three (3) months,a and (w the pe{ltJOner sha" not tamper wfth the ev,dence and hamper the i nvestigation and shan-:-ol::=r'atweltfno::nevee:::geanticoen. //TRUE copy/ I sD/- P.VINOb KUMAF` ASSISTANT R SECTION OF 1,: I:aeyJaund::Iaa:aMmagISs{trr::te of FIrS{ class, GaJaPa{hlnagaram , Y-ijayanagaram Distric;. 2})I ::e:s=IJa:dJgued,g;I::far:a=rOafmCases under N DPS Act Gum-I AddltIOnaI sessl'ons Judge, v,-zl'anagaram. 34: ::: Sstuapt:hr:ntue^n.?_ent-: -!-i;::isdam;ha patnam 4) The slat,on House officer, GaJaPath,nagaram pot,ce sfat,on, VIzjanagaram ;:) Tf:: C==st:o spRulbl£cNp:oNsDecKu:a:AH=nKhOrC^: :R I.A?_vacate [o :u :I : : T?:i scpcasretocoppuybl I c p r:s-e:u::rI,AH:gKhOcCoHu :R:fAAd:O[Coa#Ti 7) one spare copy KJ <1--rf I---`q E= / +r~ HIGH COURT TMR,J DATED..28/03/2025 BAIL ORDER CRLP.No.3053 of 2025 ALLOWED fi? F¥¥/¥i:f:,rf4 l2® NI^R 1®\t _to±# `t`: Sishafalfa` f f`.LGS,€o+,¥pei¥i;!' ^ ?+ / -^-_ gr#AA-REREapsesefas;t.t i7 \.. ^rf+rfrrf E rf,r<