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2025 DAILYLAW 13821 (AP)

YENDRAPALLI MAHESH BABU @ MAHESH v. THE STATE OF ANDHRA PRADESH

CRLP/3598/2025 · 2025-04-23

T Mallikarjuna Rao

body2025

Judgment text

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ts\ke`` \rd IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I, WEDNESDAY, THE TWENTY THIRD DAY OF APRIL ,I TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3598 OF 2025 Betwee n : yendrapalli Mahesh Babu @ Mahesh, s/o Late Apparao, Aged 26 years, R/o Velmgaruvu village, Bongaram Panchayat Mandal, AIIuri Sjtarama District. Petitioner/Accused No.3 AND The State Of Andhra Pradesh, through station House officer, G.Madugula PS, Visakhapatanam city, Rep. by Public Prosecutor, High Court at Amaravati. Respondent Petition under section 480 and 483 of BNSS/ 437 & 439 of Cr.P.C, is filed prayI-ng that in the circumstances stated I-n the memorandum Of grounds filed in support of the criminaIPetition, the High Court may be pleased to release the Petitioner/A3 on baI-I in connection With Crime No. 51 of 2024 of G.Madugula PS; The petition comI'ng On for hearing, upon perusing the PetI-lion and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. KANDEPU HEMANTH KUMAR Advocate for the Petitioner and of public prosecutor for the Respondent; The Court made the following ORDER: _--, APHCO10168772025 IN THE HIG-H COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 3598/2025 Between : yendrapalli Mahesh Babu @ Mahesh AND The State Of Andhra Pradesh [3369] ...PETITIONER/ACCUSED u.RESPONDENT/COMPLAINANT counsel for the petitioner/accused: 1.KANDEPU HEMANTH KUMAR counsel for the Respondent/COmPIainant 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/See.480 & 483 of the Bharatiya Nagarik suraksha sanhi±a, 2023, has been filed by the petitioner/A3, seeking bail, in crime No.51/2024 of G.Madugula Police Station, ASR District. 2. A case has been registered against the Petitioner and Others for the offence punishable u/See.20(b)(ii)(C), 25 I/w 8(c) of the NDPS Act. 3. Heard learned counsel for the Petitioner and the learned Assistant public prosecutor representing the respondent/State. 4. Case of the Prosecution, in brief, iSthat, On 15.ll.2024 at about 9.00 am, on receipt of credible information, regarding illegal possession and transportation of ganja, the s.I of police, along with staff and inediators \-t* crfc3-Jr -}r I\. 2 r/ rushed to Nurmathi Village junction, G.Madugula Mandal and conducted vehicle checking. They found one Mahindra commander jeep coming towards them. On seeing police, the inmates in the J'eeP Stopped the jeep and tried to escape. Then police apprehended one person while the others escaped. On enquiry, the said person disclosed his identity particulars as that of Al and police found 20O kgs of ganja in his possession. police arrested him and remanded him to judicial custody. During the course of investigation, basing on the confession sta{emen{, A3 was arrested on 18.ll.2024. 5. Perused the record. 6. Learned counsel for the petitioner submits that this crime came to be registered on 15.ll.2024 and basing on the confession statement of co- accused, this petitioner was arrested on 18.ll.2024 and since then he has been in judicial custody, as such, prayed to allow the criminal petition. 7. Learned Assistant Public Prosecutor opposed {o grant b`ail to the petitioner on the ground that the seized contraband is huge quantity. 8. The petitioner was arrested and remanded to judicial custody on 18.ll.2024. Evidently no contraband has been seized from the possession of the petitioner. Since the accused has been in judicial custody from 18.ll.2024, 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 is permanent resident of Velamgaruvu Village, ASR District as such there is no possibility of his ~=- *as±S .€ ./ +` 3. fleeing away from justice and most of the witnesses are offiICial 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 no antecedent reported against the petitioner, Learned' Assistant Public Prosecutor submitted that huge quantity Of contraband ivas involved in this case, as such th-IS Court intends tO impose stringent conditions, to meet the ends of justice. considering the entire material on record, th'IS Court is inclined to grant bail to the Petitioner With some conditions. 9. ln the result, the Cr-Iminal Petition is allowed with the following conditions: (i) The petitioner/A3 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 to the satisfaction Of the learned I Additional District & Sessions Judge-Gum-Special -Judge for trial of OffenCeS under NDPS Act, Vizianagaram; (-li) on release, the pet|ltioner shall appear before the station House Officer concerned On every Sunday between 10.00 a-m| and 1.00 pm, for a period Of three (03) months. (iii) the petitioner shall not tamper with the evidence and hamper the lnvestlgatlon and shall cooperate i?rL¥_~ ~`` / `'.SD/-U.I.SRJ.DEVf` I ASS fST'A I REGIS TRAR SEC'TION-OFFICER ` -``.` //TRUE COPY// 1. The I Additional District & Sessions Judge-Gum-Special Judge for trial of offences under NDPS Act, Vizianagaram. 2. The Metropolitan Sessions Judge, Visakhapatnam. 3. The Superintendent, Central Jail, Visakhapatnam.I 4. The Station House Officer, G..Madugu[a Police Station, AIluri Sita Ramaraju District. 5. One CC to Sri. KANDEPU HEMANTH KUMAR, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, HI'gh Court of Andhra Pradesh [OUT] 7. One spare copy JSS. HIGH COURT TMR, J DATED :23/04/2025 BAIL ORDER CRLP.No.3598 of 2025 ALLOWED i-2 3 APR 'Z"Z3