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2025 DAILYLAW 13630 (AP)

SINDERI SUNDARA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/3506/2025 · 2025-04-09

T Mallikarjuna Rao

body2025

Judgment text

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X IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE .PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA CRIMINAL PETITION NO: 3506 OF 2025 Between: Sinderi Sundara Rao, S/o. Late Dabbagaruvu Village. Chinthapalli Mandal Alluri Sitharama Raju, aged about 25 years, R/o. Raju District, A.P Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep by its Public Of Andhra Pradesh. Prosecutor, High Court Respondent Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 r P.C), praying that in the circumstances stated in the affidavit filed in support 0 the Criminal Petition, the High Court may be pleased to enlarge the titioner/Accused No.2 on bail pending disposal of Crime No.93/2024 Koyyuru P.S., now Alluri Sitharama Raju District. of of The petition coming on for hearing, upon grounds filed in support thereof and BOOSARA V N PRAVEEN PUBLIC PROSECUTOR following; perusing the Petition and the upon hearing the arguments of Sri Sri KUMAR, Advocate for the Petitioner and of the Court made the for the Respondent and * i APHC010164832025 t IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3506/2025 Between: ...PETITIONER/ACCUSED Sinderi Sundara Rao AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.BOOSARA V N PRAVEEN KUMAR 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/A2, seeking regular bail, in Crime No.93 of 2024 of Koyyuru Police Station, Alluri Sitharamaraju District. A case has been registered against the petitioner herein and others for the offences punishable under Sections 20(b)(ii)(C) r/w 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). 2. 2 TMR,J CrI.P.3506 2025 The brief facts of the case are that on 29.09.2024 at about 16.00 hours, the Sub-Inspector of Police, Koyyuru Police Station along with his staff and mediators reached the outskirts of Gudlapalli Village and while they were conducting vehicle checking found one auto rickshaw coming from Budaralla village side. On seeing the police, the said persons tried to skulk away. On suspicion, the police caught hold of them and enquired them. The said persons disclosed their identity particulars and on search, they were found in possession of Ganja weighing 110 Kgs. After duly complied the procedure, police arrested the accused, seized the contraband under the cover of a mediators report and registered the same as a case in Crime No.93 of 2024 for the aforesaid offences and got remanded them to judicial custody. 3. Heard. Perused the record. 4. Learned counsel for the petitioner submits that the petitioner/A2 has been in judicial custody since 29.09.2024. Despite the expiry of statutory period, the investigation is not completed and charge sheet is not filed. Police have not filed any petition for extension of time for investigation. As such the petitioner is entitled for statutory bail. 5. Learned counsel for the petitioner further submits that Accused Nos.3,5 6. & 6 were also remanded to judicial custody on the same day and they were granted bail by this Court vide orders dated 04.04.2025 in CrI.P.No.2210 of 2025. 3 TMRJ CrI.P.3506 2025 On the other hand, learned Assistant Public Prosecutor also confirms 7. non-filing of charge sheet by the police even after statutory period is completed, but opposed to grant bail. 8. Heard both sides. It is evident that the petitioner has been in judicial custody since 29.09.2024 and most of the investigation might have been completed by this time. Given that the petitioner has been in remand since 29.09.2024, this Court views that most of the investigation concerning the petitioner’s role in the commission of the alleged offence has likely been concluded. It has been submitted that the petitioner has a permanent residence at Dabbagaruvu village, Chinthapalli Mandal, and there is no credible apprehension of he fleeing away from justice. Additionally, since most of the witnesses are official, the release of the petitioner would not impede the investigation or tamper with the evidence and also after completion of statutory period, police have not filed charge sheet and also they have not filed any petition for extension of time for investigation. As huge quantity of contraband i.e. 110 kgs of ganja involved in this crime, this Court views that imposition of stringent conditions would meet the ends of justice. 9. 1 i was In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/A2 with the following conditions. 10. w s 4 TMR, J Crl.P.3506_2025 on bail on executing a with sum each to the satisfaction of the learned I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam; (ii) On release, the petitioner shall House Officer concerned between 10.00 months. (i) The petitioner/A2 shall be released personal bond for Rs.50,000/- (Rupees fifty thousand only) two sureties for a like appear before the Station once in a week i.e. on every Sunday a.m. and 05.00 p.m., for a period of three (03) (iii) The petitioner shall not tamper with the evidence the investigation and shall cooperate for investigation. and hamper SD/-N.NAGAIVilWA ASSISTAN^R^ISTRAR SEATONOFFICER //TRUE COPY/i To, 1. The I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam 2. The Judicial First Class Magistrate, Chintapalli 3. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District. 4. The Station House Officer, Vedayapalem Poiice District 5. One CC to SRI. BOOSARA V N 6. Two CCs to Public Prosecutor, 7. One spare copy Station, SPSR Nellore PRAVEEN KUMAR Advocate [OPUC] High Court of AP [OUT] KJ HIGH COURT TMR,J DATED:09/04/2025 BAIL ORDER CRLP.No.3506 of 2025 ALLOWED - -r-r Q> T3 o 0 9 ^PR ® X^PATC^^ m 'X Co