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High Court of Andhra Pradesh · body

2025 DAILYLAW 13130 (AP)

GAMMILLISRINU v. THE STATE OF ANDHRA PRADESH

CRLP/3311/2025 · 2025-04-03

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

. iE lN THE HIGH COURT' OF ANDHRA PRADESH AT A r/ THURSDAY, THE THIRD DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 3311 OF 2025 Between : Gammilll'srinu, S/o Chl'ttibabu, Aged about. 26 years, R/o.Rajupakalu village, chinthapallI- Mandal, AlluriSreetharamaRaju District, Andhra Pradesh - 531116. ...Petitioner/Accused No.1 I AND The State of Andhra pradesh, SHO, SEB -Police Station,Naidupet, Rep. by its publl'c Prosecutor, High Court of Andhra Pradesh, Amaravatl'. ...Respondent petition under section 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), 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 grant him bail on such terms and condjtl'ons as deemed fit directing his enlargement in crI-me No. 34 of 2021 of SEB Police Station, Naidupet. counsel forthe petitioner : srI' Bhooma Maharshi Reddy Counsel for the Respondent .-Assistant Public Prosecutor. The Court made the following ORDER: APHCO10157022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3311/2025 Between : GammilliSrinu ...PETITIONER/ACCUSED AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh counsel for the Petitioner/accused: 1. BHOOMA MAHARSHI REDDY counsel for the Respondent/comp[ainant: 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.34 of 2021 of Naidupet Police Station, Nellore District. 2. A case has been registered against the petitioner/Al herein and others for the offences punishable under Sections -- -`_' tr35fG5G3J? I 2 rr 8(c) r/w 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic substances Act, 1985 (for short lthe NDPS ActJ). 3. The brief facts of the case are that on credible information On 20.03.2021 at about 6.00 a.m., during vehicle checking near SUN City, stopped APSRTC bus coming from VI'jayaWada tO Tirupathi, found three male persons handling three bags, on verification of each bag, found to contain 8 kgs of ganja in the laptop bags, on enquiry, they revealed that they are carrying ganja from Visakhapatnam to handover to one parandhamaiah belongs to Kalahasthi, on that Al to A3 telephoned to A4 who came to Naidupeta by Activa Scooter, caught hold him and found one kg ganja, total 25 kgs of ganja seized from the accused under mediators report, arrested Al and A2 to A4 and registered the mahazarnama as a case in Crime No.34 of 2021 and send them to judicial custody. 4. Heard. Perused the record. 5. The learned counsel for the petitioner submits that the petitioner has been in judicial custody since 24.09.2024, and the Case Was registered On 21.03.2021. The investigation has been completed, the charge sheet has been filed, and accused Nos. 2 . to 4 were released on bail vide Crl.M.P. Nos. 52 and 56 of 2021. The learned Assistant Public Prosecutor has opposed granting bail to the petitioner on the grounds that the investigation was not completed. lt is not disputed that accused Nos. 2 to 4 were released on bail as per the orders passed in CrI.M.P. Nos. 52 and 56 of 2021. The facts concerning the Present Petitioner are similar to those of accused Nos. 2 to 4. The learned counsel for the petitioner further submits that the petitioner has a permanent residence in AIIuri Seetharama Raju District, and there is nO likelihood of him fleeing from the jurisdiction Of the Court. ln I-lght of the lapse of four years, this Court notes that the investigating officer has not concluded the investigation. The Court finds that the continued detention of the petitioner is not necessary for the complet'lon of the investigation, as most of the witnesses are official witnesses, and the release Of the accused WOuld not impede the investigation. However, consider'lng the conduct Of the petitioner, this court deems it necessary to impose sir-lngent conditions to ensure the presence of the petitioner during the trial. Therefore, this Court is inclined to grant bail tO the petitioner with the following conditions. E=E 4 I (i) The petitl-oner/Al shall be released on executing a Personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum to the satisfaction of the learned I Additional District & Sessions Judge, NeIIore. (Ii) After release, the petitioner shall appear before the Station House Officer concerned, once in a week on every Sunday between 10.00 a.m., and 1.00 p.m., for a period of three (03) months. (iii) That the petitioner is dI-reCted not tO hamper the I'nVeStigation and tamper wl®th the prosecution witnesses and he shall cooperate wI'th the investigation. 6. Accordingly, the Criminal Petition is allowed. //TRUE COPY// SD/-M.SRINIVAS ASSISTANT SEC"ON OFFICER Fol To, 1, The I Additional District & Sessions Judge, NeIIore. 2. The Superintendent, central prison, Nellore. 3® The S.H.O, SEB -Police Station, Naidupet, SPSR Nellore District. 4. One CC to SrI® Bhooma Maharshi Reddy, Advocate [OPUC] 5. Two cos to Publl-c Prosecutor (AP) High Court ofAndhra Pradesh [OUT] 6. Onespare copy CVSS t .I,-®r HIGH COURT TMR,J DATED : 03/04/2025 BAIL ORDER CRLP.No.3311 of 2025 ALLOWED u 4 hPR\ \us\ *