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2025 DAILYLAW 12874 (AP)

PILLA SATHISH @ 180 SATHISH v. THE STATE OF ANDHRA PRADESH

CRLP/3261/2025 · 2025-04-02

T Mallikarjuna Rao

Public Interest Litigationbody2025

Judgment text

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?/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA wETD#EoSTDHAoYJTsXEN DS EACNODNTDwDEANYTYO FF l€PE R I L/ I.PRESENT'. T# HONOURABLE SRI JUSTICE T MALLIKARJUNA R CRIMINAL PETITION NO: 3261 OF 2025 / Between: 1, Pilla Sathish @ 180 Sathish, S/o late Sathi Babu, Age-25 yrs, R/o Kakra veedhi, Near Vivekananda School, Bukka Veedhi, Chengalraopeta, I Town area, VSP City. 2. Swarnapudi Rudra Ganesh, S/o Apparao, Age-27 yrs, R/o D.No.18-ll- 4, KodipandelaVeedhi, Upper RelliVeedhi,1 Town area, VSP City. , 3. Mohammed lrshad @ Mouli, S/o Md lqbal late. R/o D.No.21-42-21/5, Godaru Guntalu, I TownArea, Visakhapatnam. / petitioners/Accused No 1,2 & 4 AND The State of Andhra Pradesh, Through Station House Officer, I Town Pol-lee Station, Rep. by its Public Amaravathi, Guntur District. pJ939CutOr, High Court of Andh,ra Pradesh, Respondent/Complainant pet'ltion under sections 437 and 439 of Cr.P.C(New Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita,2023), is filed Praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be Pleased tO release the petitioner on Bail in conn,ection With Crime No. 28 of 2025 on the file Of the I Town Police Station , / The petition coming On for hearing, upon Perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of sri BANDI PRAVEENA, Advocate for the Petitioner and Of PUBLIC PROSECUTOR for Respondent, the Court made the following ORDER APHCO10152802025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Orjgl-naI JurisdllCtIIon) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3261/2025 Between.I pilla sathish @ 180 Sathish and Others AND The State Of Andhra Pradesh counsel for the Petitioner/accused(S).- 1. BANDI PRAVEENA [3369] ...PETITIONER/ACCUSED(S) ...RESPONDENT/COMPLAINANT counsel for the Respondent/COmPlainaht 1.PUBLIC PROSECUTOR The Court made the following: Th]'s CrI-ml'nal Petition, u/Sec-480 & 483 of the BharatI-ya NagarI'k suraksha sanhita, 2023, has been filed by the petjtI-Oners/A1, A2 and A4, seeking bail, in crime No,28/2025 of I Town police station, vl.sakhapatnam commissionerate. 2. A case has been regl®Stered against the petI-tjOners and others for the offence punishable u/Sec,20(b)(ii)(B) I/w 8(c) of NDPS Act. 3. Heard learned COunSel for the petl-tioners and the learned Assi'stant pubII'C Prosecutor representing the reSPOndenVState. / -_---iE <--- c--i 2 4. Case of the Prosecution, in brief, iS that, On 04.02.2025 in between ll.00 am and 1.00 pm, on receipt Of Credible information, regarding illegal possession and transportation of ganja, the s.I of police, along with staff and mediators rushed to Ghat road, Sri Satyanarayana SWamy temple, KGH, I Town area, V'lsakhapatnam City and found five Persons in SuSP'lCiOuS circumstances. on seeing police said five persons tried to ran away. Then police apprehended three among them while the other two persons escaped. on enquiry, they d.[sclosed their identity Particulars aS that Of Al to A3 and police found 6 kgs of ganja in their possession. They confessed the involvement of other accused i.e. A4 to A6 in the COmmiSS'lOn Of the offence. police arrested and remanded them to judicial custody and seized the contraband. During the course Of investigation, POliCe arrested A4 on 21.02.2025. 5. Heard. PerusedthereCOrd. 6. Learned Ass'lstant 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 contends that Al and A2 have been in judicial custody s®lnce o4.02.2025 and basing On their COnfeSSiOn statement, A4 was arrested and remanded tO judiC'lal Custody On 21.02.2025 and prays to enlarge the petitioners on bail. 8. After careful ObSerVat'lOn Of the material On record and SubmiSSiOnS made on behalf of both sidesl it shows that Al and A2 were in judicial -----` /,-JL--i, 3 custody from o4.02.2025 and A4 was remanded to judicial custody on 21.02.2025 and the said factual aspect was not disputed by the learned Assistant public prosecutor. The contraband I'nVOIved in th,-s case is 6 kgs and it was seized from Al and A2. No contraband was sel'zed from the possession of A4. As the contraband involved I'S not commercial quantity, reasons need not be recorded as per section 37 of the NDPS Act. When ascertained, learned Assistant Public Prosecutor submitted that there are seven antecedents reported against A1. Since Al and A2 are remanded to judI-Cial custody on 04.02.2025 and A4 on 21.02.2205, this Court found that most of the investigation pertaining to the role played by the petitioners in the commissl®on of the offence would be completed. It is submitted that the petitioners had permanent abode and there js no possibility of their fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioners would not cause tampering of evidence and hampering of investigation. considering the entire material on record, this Court is inclined to grant bail to the petl-tioners with some conditI'OnS. 9, In the result, the Criminal PetitI'On iS allowed with the following conditions: (i) The petitioners/A1, A2 and A4 herein shall be released on thel'r executing a personal bond for Rs.10,000/-(Rupees ten thousand only) each with two sureties for a like sum each to the satisfaction of the learned I Additional Dl-strict and sessions Judge-Gum-Special Judge for trial of offences under NDPS Act, Visakhapatnam. 4 ('li) on release, the petitioner/Al shall appear before the Station House Officer concerned On alternate days in between 10.00 a.m. and 12.00 noon, for a Period Of two (02) months and the petitioners/A2 and A4 shall appear before the Station House officer concerned once 'ln a week, for a period of two (o2) months. (iii) the petitioners sha" not tamper w'lth the evidence and hamper the investigation and sha" cooperate for investigation. SD/- K. KASIRAO ACHARl __ \ - I I--` -- G\STRAR }1l ASSISTANT //TRUECOPY//Fo SECTION OFFICER T o I 1 Tuhdeg¥_estboepc::l{,anJ uSdegsesl Oi:I J utdr:a: Cuofm loffAednd:i:Osnalu::Set:I Ct N&DSpe;ss l&nctS, 2. 3. 4. 5- visakhapatnam. The Superintendent, Central Prison, V-lsakhaPatnam. The StatlOn House Officer, I Town PollCe StatIOn, VlsakhaPatnam commiss'lonerate. one cc to SRL BANDI PRAVEENA Advocate [OPUCI Two CCs to the PUBLIC PROSECUTOR, H'lgh Court Of A P [OPUC] 6. One spare COPY psk