[3369] Jir IN THE HIGH COURT~ OF ANDHRA PRADESH ATrfAIVIARA WEDNESDAY ,THE SECOND DAY OF APRIL .3j Ei Ei TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOUJRABLE SRI JUSTICE T MALLIKARJUNA / CRIMINALPETITION NO: 3255OF2025 / Betwee n : f' Killo Narayana, S/o. Padhu, aged about 55 years, R/o. Kammarithota Village, Darakonda Panchayat, G.K. Veedhi MandaI, AIluri Sitharama Raju District. Petitioner/Accused No.5 I AND he State ofAndhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 437 & 439 of,Cr.P.C. and Section 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 enlarge the Petitl'oner/Accused No.5 on bail pending disposal of crime No.01/2022 of Narsl'patnam Rural P.S., now Anakapalli District. 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 GOLLAPALLI MAHESWARA RAO Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. -_ APHCO10151832025 I. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CR[M[NAL PETITION NO: 3255/2025 AND Between : Killo Narayana The State Of Andhra Pradesh [3369] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/See.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A5, seeking bail, in Crime No.1/2022 of Narsipatnam Rural police station, Visakhapatnam District. 2. A case has been registered against the petitioner and others for the offence punishable u/See.20(b)(ii)(C) r/w 8(c) of NDPS Act. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondenVState. --T=--` I 2 I 4. Case of the prosecution, in brief, is that, on 04.01.2022 at 10.1O am, on receipt of credible information, regarding illegal possession and transportation of ganja, the s.I of Police, along with staff and mediators and rushed to Gabbada br'ldge and conducted vehicle checking. They observed one TATA Magic vehicle coming from Chintapalli side and on seeing police, four persons with two bag plastic bags got down from the vehicle and tried to escape. Then police apprehended Al and A2 while two other persons escaped. On enquiry, they disclosed their identity particulars as that Of Al and A2 and police found 50 kgs of ganja in their possession. Police arrested Al and A2 and remanded them to judicial custody. They confessed the involvement of A5 in the commission of the offence. Police arrested the petitioner/A5 on 27.01.2025 on execution of PT warrant. 5. Heard. Perused the record. 6. Learned Assistant Public Prosecutor submits that major part Of the investigation is completed except filing of charge sheet for want of RFSL report and prays to dismiss the petition. 7. Learned counsel for the petitioner submits that a crime came to be registered on 04.01.2022 and basing on the confession statement of CO- accused, this petitioner was arrested on 27.01.2025 and since then he has been in judicial custody and the same was not disputed by the learned Assistant Public Prosecutor. qu-JP r-lJ 3 8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioner was arrested and remanded to judicial custody on 27.01.2025. Evidently no contraband has been seized from the possession of the petitioner. Since the accused has been in remand from 27.01.2025, this Court found that most of the investigation pertaining to the role played by the petitioner in the commission of the offence would be completed. lt is submitted that the petitioner has permanent abode and there is no possibility of his fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioner would not cause tampering of evidence and hampering of investigation. When ascertained, learned Assistant Public prosecutor submitted that one antecedent 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/A5 herein shall be released on his 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-Gum- special Judge for trial Of OffenCeS under NDPS Act, Visakhapatnam; .±----, --sf| (ii) on release, the petitioner shall appear before the Station House Officer concerned once in a fortnight between 10,OO a.m. and 12.OO noon, for a period of two (02) months. (iii) the petitioner shall not tamper with the evidence and hamper the invest-IgatiOn and Shall cooperate for investigation. //TRUE COPY// sD/- A. VIJ • __, `---,.=,..,-i --\= `. -\ AYri'' BABU a a ASS!STA sECTIOrty -GFtFFee.CER Fol To, 1. The I AddI. District & Sessions Judge-Special Judge for Trial of f7 offences under NDPS Act, Visakhapatnam. ;2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Narsipatnam Rural Police Station, now E= Anakapalli District. gr4. One CC to SRl. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] / 5. =fu Two cos to Public Prosecutor (AP) High Court of A.P., AmaraVati /rf bonueT!®pare copy Qt--_ r_ I ® HIGH COURT TMR,J DATED :02/04/2025 BAIL ORDER CRLP.No.3255 of 2025 ALLOWED o. .~-*`~--` ~..2 `