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2025 DAILYLAW 12424 (AP)

Nandipati Sudhakar @ Sudhakar, v. The State of Andhra Pradesh

CRLP/3139/2025 · 2025-04-01

T Mallikarjuna Rao

body2025

Judgment text

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J/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR TUESDAY, THE FIRST DAY OF APRIL I TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA CRIMINAL PETITION NO: 3139 OF 2025 Betwee n : ..I.,. offr, Nandipati Sudhakar @ Sudhakar, S/o Somulu, Age 38 years, R/o D.No. 13-02-71, Ganga hussain (Basthi), Kothegedem, Khammam, Telangana. Petitioner/A4 AND The State of Andhra Pradesh, Through StatI'On House Officer, aeopalapatnam Police Statl'on, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur DI'Strl'Ct Respondent/ComplaI-Rant Petition under sections 480 & 483 of BNSS (Old Sectl-ons 437 &® 439 of Cr.P.C), praying that I'n the Circumstances Stated in the affidavit filed in support Of the Criminal Petition, the HI-gh Court may be pleased to release the Petitioner On Bail in connection with crI'me No. 271 of 2022 of Gopalapatnam Police Station,Visakhapatnam u/s 20(b)(ilo)(B), 25 I/w 8(C) of NDPS Act, 1985, dated 05-ll-2022. The petition coming on for hearing, upon perusing the petI'tiOn and the grounds filed in support thereof and upon hearing the arguments of sri K PRIDHVI RAJU, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the following,a APHCO10147242025 E]¥E] EH+ITi: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3369] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3139/2025 Between : Nandipati Sudhakar @ Sudhakar, ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1. K PRIDHVI RAJU Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following Order: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitI-Oner herein/A4, seeking regular bail, in Crime No.271 of 2022 of Gopalapatnam Police Station, registered for the offences punishable under sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution is that, on o5.ll.2022, on receipt of credible information, the Sub-Inspector of Police along with his staff and mediators reached near oil mill, Gosala Junction, and caught the accused in possession of 121 grams of hash oil. The contraband along with other material was seized under the cover of Mediators Report. Gfffff7?7fff? I `'== cia 3. Heard. perused the record. 4. Learned counsel for the petitI-Oner SubmI'tS that basing on the confessI®Onal statement of co-accused, the petitioner herein I-S arrayed as accused I®n the present crime. In pursuant to the confessional statement, the petitioner herein was produced on executI®On Of P.T. Warrant on o9.01.2025. Except the confessional statement, no other material is collected showing the complicity of the petitioner in the present crime. Learned Assistant pubII'C Prosecutor opposed to grant bail on the ground that I-nVeStI®gatI'On in the present is not completed. It is submitted by the learned counsel for the petitioner that the petI-tiOner has Permanent abode and there is no possibilI'ty Of his fleel-ng away from the Jurisdiction of the court. lt l's submI'tted by the learned Assistant public prosecutor that the petitl-oner herein has no previous crI-me record. 5. ln view of the facts and cI'rCumStanCeS Of the case, since the petitioner herein is arrayed as accused basing on the confessional statement of co-accused, this court is inclined to grant baI-I to the petitioner herein/A4, on the following conditl-ons. i. The petitioner herein/A4 shall be released on executing a Personal bond for Rs.20,000/- (Rupees twenty thousand only) wI-th two Sureties for a lI'ke Sum each to the satisfaction of the -'r` '\ t-,-.--., 3 tr, learned I Additional District & Sessions Judge-Gum-special Judge for Trial of Offences under the NDPS Act, Visakhapatnam. ii. On release, the petitioner shall appear before the Station House Officer concerned, once in a fortnI-ght i.e., On lst and 15th of every month between 10.00 AM and 01.00 PM., for a period of three (3) months. iii. The petitioner is dl-rected not to hamper the investigation and tamper with the prosecution witnesses. 6. Accordingly, the Criminal Petition is allowed. ` `;+.. '\, '`.-\ SD,-A. V!Jri-yA +BABU-i ASS!STA- GISTRAR /ITRUE COPY// SECTfOng I OrF'Fg|+ER F To, 1. The I Additional District & Sessions Judge Special Judge for Trial of |J,- Offences under NDPS Act, Visakhapatnam ys 2. The Court of Metropolitan Sessions Judge:: Visakhapatnam f-3. The Superintendent, Central Prison, Visakhapatnam 4. The Station House Officer, Gopalapatnam Police _. Station,Visakhapatnam #~5. One CC to SRl. K PRIDHVI RAJU Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court ofAP [OUT] f- JJ,. one spare copy KJ I/ I \ HIGH COURT TMR,J DATED : 01 /04/2025 BAIL ORDER CRLP.No.3139 of 2025 ALLOWED Fl'.-I. i;fJf%g##:ff#:: i i.E?rf#x`*S;G¥:gr+ |`` I:;,,:,i-`..;..-,.'l