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2025 DAILYLAW 12648 (AP)

DAMODARAM ALIAS SETTIPALLI DAMODARAM ALIAS DAMU v. THE STATE OF ANDHRA PRADESH

CRLP/3199/2025 · 2025-04-02

T Mallikarjuna Rao

body2025

Judgment text

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-, \` IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE .-PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3199 OF 2025 Between : Damodaram @ settipalli Damodaram @ Damu, S/o Venkatal-ah, Aged about 34 years, R/o Venkatareddy Kandriga, Vadamalapeta Mandal, Chl-ttoor DI'StriCt ...petitioner/Accused No.2 AND The State of Andhra pradesh`, |Rep. by its public prosecutor High Court of Andhra pradesh, Amarava'ti ...Respondent petition under Sections 437 & 439 of Cr.P.C, & Under New Sections 480 & 483 of BNSS praying that jn the cl-rcumstances stated in the memorandum of grounds filed in support of the crI'minaI PetI'tjOn, the High court may be pleased to release the petitioner who I'S arrayed as Petitl'oner / Accused No. 2 on bail in connectl'on with crime No. 81 of 2024 dated.; 25.08.2024 on the fl'Ie of Manubolu police Station, NeIIore, SPSR Nellore District, for offences levelled against the petitioner under sections 8(c) r/w 20: (b) (ii) (C) of NDPS Act,1985. The PetI-tjOn coming on for hearing, upon perusing the petl'tl-on and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI SIVAPRASAD REDDY VENATl, Advocate for the' petitioner, and of PUBLIC PROSECUTOR, for the Respondent; APHCO10149222025 lN THE HIGH COURT OFANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) [3369] WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3199/2025 Between : Damodaram Alias Settipalli ...PETITIONER/ACCUSED Damodaram Alias Damu AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh counsel for the petitioner/accused: 1. SIVAPRASAD REDDY VENATI 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 Petitioner herein/A2, seeking regular bail, in crime No.81 of 2024 of Manubolu Police Station, registered for the offences punishable under Sections 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution iS that, On 25.08.2024 at Southern side of Flyover bridge, Veerampalli Cross road of Manubolu Mandal and reported On the Same day at 19-00 hours, wherein Al used to purchase Ganja from A3 and sell the same at h'Igher prices. ln the same manner, on 23.08.2024, Al and A2 purchased 74Kgs of Ganja from A3 and while transporting the Same tO -'\ c------ Tirupati in car bearing No.AP 39 DJ 1000 of Al and when police stopped the car at Venkatachalam Toll Plaza, Al and A2 attempted to murder the police by hitting their car, escaped from there and hide the Ganja. After dropping A2 at Tirupati, Al was loading hide GanJ-a into his Car at Veerampalli cross road, the Inspector of police, Podalakur Circle, on credible information, conducted raid along with the Tahsl®ldar, arrested A1, and seized three white colour plastic bags containing 74Kgs of Ganja. The contraband along with other materl'al was seized under the cover of mediators report. 3. Heard. Perused the record. 4. Learned counsel forthe petitioner subml-ts that basing on the confessional statement of A1, the petl'tioner herein/A2 is arrayed as accused in the present crime. Except the confessional statement, no other incriminatl'ng material is collected showI-ng the complicity of the petitioner in the present crime. Moreover, the petl-tioner herein was arrested on 12.O1.2025 and since then he has been in judicial custody. Learned Assistant Public Prosecutor opposed to grant bail on the ground that investigatI'On in the Present iS not completed. lt is submitted by the learned counsel for the petitioner that the petitioner has permanent abode and there is no possibility of his fleeing away from the Jurisdiction of the court. lt is a-_*=- €`=J Qt- submitted by the learned Assistant Public Prosecutor that the petitioner herein has no previous crime record. 5. ln view of the facts and circumstances of the Case, Since the petitioner herein is arrayed as accused basing on the confessional statement of A1, this Court is inclined to grant bail to the petitioner herein/A2, on the following conditions. i. The petitioner herein/A2 shall be released on 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, Nellore. ii. On release, the petitioner shall appear before the Station House Officer concerned, once in a fortnight 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 d'lrected not to hamper the investigation and tamper with the prosecution witnesses. 6. Accordingly, the Criminal Petition is allowed. A sD/-K.TA.TA RAO For A! //TRUE COPY// DEPUTY BJse I ST P`AR CT!ON OF F!i1;'F_ R To, 1. The I AddI'tiOnaI District & sessf'ons Judge, at Nellore, SPSR Nellore DjstrI'Ct 2. The Superl'ntendent, central prison, NeIIore, SPSR Nellore DistrI'Ct 3. The Station House officer, Manubolu Police Station, spsR Nellore DI®StriCt 4. One CC to sRl. SIVAPRASAD REDDY VENATI Advocate [opuc] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofAndhra pradesh [OUT] 6. One spare copy PSR jrf-_J`--, * ---` HIGH COURT TMR,J DATED: 02/04/2025 BAIL ORDER CRLP.No.3199 of 2025 ALLOWED