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2025 DAILYLAW 13118 (AP)

KATTA VENKATA RATTIAH @ RATTAIAH @ MEESALODU v. THE STATE OF ANDHRA PRADESH

CRLP/3314/2025 · 2025-04-03

T Mallikarjuna Rao

body2025

Judgment text

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zgrf 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV TfivUoR STDHAoYu'sTAHNEDTATfuRDDTDwAEYNOTFy AiFvRE L ,r i Trf H O NcORUIRwitNBALLE PSER+lJTYosNTINC5..T3¥1A4L5 lFK2AoR2J5U NJ9 R .-PRESENT.I Between.I Katta venkata Rattlah @ RattaI'ah @ Meesalodu, s/o Lakshmalah @ Latchuma,'ah, Aged 66 years, occ. coolI|e, R/o. Market center, Near RCM church, Tadepam Town, Guntur DI-Strict. AND Petitioner/Accused No.1 TThaedeSptaaltI: PO:I£cnedShtraatIPornadG=\:::nrR==.+br:^:he pubIIC Prosecutor, Through s H O , Tadepa'll' polI'Ce Statl'on, Guntur D,'strI'Ct. Respondent/Defacto compfal'nant pet,'tI'On under Sectl'ons 437 and 439 of cr.p.c(New sections 480 and 483 of Bharatjya NagarI'k Suraksha sanhl-ta,2023), js filed prayl-ng that I'n the cJrCumstances stated Jn the memorandum of grounds f,led ln support of the crlmfnaI PetltIOn, the Hlgh court may be pleased to release the petl'tl-oner/accused No.1, on ba" l'n crI'me No. 243 of 2021, on the file of the Tadepam police Station, Guntur DI'Strict . / The petI'tI'On comI'ng on for hearl'ng, upon perusI'ng the Pet,'tI-On and the memorandum of grounds filed J'n support thereof and upon hearing the arguments of srl- SAI MA^ln I D[r`h`, I __-_'`-`,. CZlfu u arguments of srl- SAI MANOJ REDDY L, Advocate for the PUBLIC PROSECUTOR for Respondent, the court made the ORDER Petl-tl-oner and of followl-ng APHCO10157142025 E.EE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3369] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND T\^/ENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3314/2025 Betwee n : Katta Venkata Rattiah @ Rattaiah @ ...PETITIONER/ACCUSED Meesalodu AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh Counsel for the Petitioner/accused: 1.SAI MANOJ REDDY L 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/A1, seeking regular bail, in Crime No.243 of 2021 of TadepaIIi Police Station, Guntur Urban. 2. A case has been registered against the petitioner/Al herein and others for the offences punishable under Sections I 2 /r 8(c) I/w 20(b)(li)(B) of the Narcotic Drugs and psychotropic Substances Act,1985 (for short 'the NDPS Act'). 3. The brief facts of the case are that on credible information on ll.04.2021 at 5.00 p.m., the sl of Police, Tadepalli along with staff and mediators rushed near Burial Ground, Krishna Nagar, prakash Nagar, Tadepalli Mandal and noticed three persons who are havI'ng possession Of Carry bags and on seeing them they trI'ed tO Skull away, but the sl of Police caught hold them with the help of his staff and on enquiry, the accused revealed their identity partI-Culars and on verifI-CatiOn Of Carry bags found ganja, as such, Sl of police weighed the sal'd ganja and I't iS 1 kg, 900 grams and that he prepared mediatorsnama and seI-Zed said ganja and arrested A3 to A5 and regI'Stered Case and sent them for remand. 4. Heard. Perusedtherecord. 5. The learned counsel for the petitioner submits that the PetI®tl-Oner has been in judicl'al custody sl'nce 15.02.2025, the case was registered on 14.04.2021 and the investigation has been completed. The learned Assistant public prosecutor has opposed granting bail to the petjtl'oner on the ground that the investigatl'on was not completed. He further submits that, based on confessions of co-accused, the case was registered against the petitioner/Al and no contraband was seized from him. The learned. counsel for the petitioner further submits that the contraband said to be involved in this case is 1 kg 900 grams. The learned counsel for the petitioner further submits that the petitioner has a permanent abode at Tadepalli, Guntur District, and there is no possibility of his fleeing away from the Jurisdiction of the court. when ascertained the learned Assistant Public Prosecutor confirmed that the petitioner has no antecedents. As the contraband seized is not of commercial quantity, no reasons need to be recorded as contemplated under Section 37 of the NDPS Act. Most of the witnesses are shown to be official witnesses and the release of the accused would not cause hampering of investigation. As most of the investigation might have been completed, as such, this court is inclined to grant bail to the petitioner. (i) The petitioner/Al shall be released on executing a personal bond for Rs.10,000/-(Rupees ten thousand only) with one surety for a like sum to the satisfaction of the learned ri=iiFRE I Additional Judicial Magistrate of first class-Gum-Civil Judge (Junior Division), Mangalagiri. (ii) After release, the petitioner shall appear before the Station House Officer concerned, once in a fortnight for a Period of three (03) months. (iii) That the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses and he shall cooperate with the investigation. 6. Accordingly, the Criminal Petition is allowed. sD/- K. KASIRAO ACHARl / ASSISTANT2 /ITRUE COP SECTION OF ER _ _-\ \`-|\ To'1. The Addl. Judicial Magistrate of First Class Gum C'lvil Judge(Junior Division), Mangalagiri. 2. The Superintendent, District Jail, Guntur. 3. The S.H.O, Tadepalli Police Station, Guntur District. 4. One CC to SRl. SAI MANOJ REDDY L Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court ofA.P [OPUC] 6. One spare copy psk HIGH COURT TMR,J DATED : 03/04/2025 BAIL ORDER CRLP.No.3314 of 2025 ALLOWED I irf/ tt .+Th.i` o _ ;(-_-i-I-. `. .- : f€-... :, a 4 APE !frt5; •\