l` \` EE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl. .ri€£^±=ATi* CJ1 MONDAYI THE TWENTY FIRST DAY OF APRIL grgr, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE I IVIALLIKARJUNA R CRIMINAL PETITION NO: 3758 OF 2025 Betwee n : potnuru srinivas, s/o. potnuru Ramu, aged about 30 years, R/o. Rajiv Nagar, Near Water plant, Duvvada visakhapatnam city, Visakhapatnam DI'StriCt, Presently residing at Annavaram street, Chodavaram village and MandaI, Anakapalli DistrI-Ct. Petitioner/Accused No.1 AND The State of Andhra Rpadesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Responde'nt Petition under section 437 & 439 of Cr.P.C and 480 & 483 of BNSS., is filed praying that in the cl'rcumstances stated in the memorandum of grounds filed in support of the criminaIPetI-lion, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on bail pending disposal of crime No.102/2024 of Hukumpeta p.s., now AIIuri Sitharama Raju District The petition coming on for hearing, upon perusing the petI'tiOn and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. GOLLAPALLI MAHESWARA RAO Advocate for the Petitioner and of public Prosecutor for the Respondent; The Court made the following ORDER: APHCO10174562025 E:dii J/ [N THE LllGH COURT OF ANDHRA PRADESH AT AMARAVATl (special original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIM'lNAL PETITION NO: 3758/2025 Between : Potnuru Srinivas The State Of Andhra Rpadesh AND [3369] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT counsel for the petitioner/accused: 1.GOLLAPALLI MAHESWARA RAO counsel far the Respondent/comP[ainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: I This Criminal Petition, u/See.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the Petitioner/A1, seeking bail, in crime No.1O2/2024 of Hukumpeta Police Station, Allur'l Sitharama Raju District'. 2. A case has been registered against the Petitioner and Others for th.e offences punishable u/Secs.111(2) of the BNS, 20(b)(ill)(B), 25 r/w 8(c) of the NDPS Act. I 3. Heard learned counsel for the Petitioner and the learned Assistant public prosecutor representing the respondent/State. .J=-ife! . 2 4, case of the prosecution, jn brI-ef, l|s{hat, on 30.10.2024 a{about 16-30 hours, on rece[|pt of credible information, regarding I-IIega' possession and transportatI-On Of ganJ|aJ the S.I of Poll-ce, along with staff and medl.a{ors rushed to pamurai village Junction, Hukumpeta Mandal and found three persons. upon seeing police, the said three persons tried to escape. But police caught and apprehended them and on enquiry they disclosed their identity partI|Cu'ars as A2 to A4. Police found 17 Kgs of Ganja I'n their possession and got them into custody. A2 to A4 confessed about the involvement of Al jn the comm['ssion of the offence. During the course of investigation, police arrested Al on 23.01.2025. 5. Perusedtherecord. 6. Learned counsel for the'petitioner contends that a crime came to be registered on 30.10.2024 and basing on the confession statement of A2 to A4, who were found to be in possession of 17 Kgs of Ganja, which is a non- commercial quantI-ty, thI'S Pe{itI'Oner was-arrested on 23.01.2025 and sI'nCe then he has been in judicial custody, as such, prayed to allow the criminal . Petition. 7. Learned Assistant pubI]-c Prosecutor has not disputed the above fact and opposed to grant bail {o the petitioner. 8, After careful observation of the material on record and submjssions made on behalf of both sides, it shows that the pe{itI-Oner Was arrested and remanded {o judicial custody on 23.01.2025 basing on the confession statement of other accused. Eviden{lyr no contraband has been seized from ts -|- cfsEfSfP 3 the possession of the petitioner. since the petitioner has been in remand from 23.01.2025, this Court found that most Of the investigation Pertaining tO the role played by the petitioner |ln the commission of the offence would be completed. lt is submitted that the petitioner is permanent resident of chodavaram village' and Mahdal, Anakapalli District, there iS nO POSSibility of his fleeing away from justice and most of the witnesses are off'lcial witnesses and the release of the petitioner would not cause tampering of evidence and hampering of investigation. considering the ent'Ire material On record, this court 'ls inclined to grant bail to the petitioner with some condi{'lons. 9. ln the result, the Criminal Petition is allowed With the following conditions'. (i) The petitioner/Al 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=cum-Special Judge for trial Of OffenCeS under NDPS Act, Visakhapatnam; (ii) on release, the petitioner shall appear before the Station House Officer concerned Once 'ln a fortnight between 10.00 a.m. and 12.00 noon, for a Period Of two (02) months. (iii) the petitioner shall not tamper with the ev|IdenCe and - hamper the investigation and shall cooperate for investigation. /ITRUE COPY// A{ ASSTSrA I, S.PL_P-P Ferfes'AD L®|J`_ _ SECTloiv ^E2,&.a I R!'+R \ -.` OFFIeE=R `=- rHiii=--*L=.E= Tor ,, 1. The I Additional District & Sessions Judge -Special Judge for Trial of offences under NDPS Act, Visakhapatnam. 2. The Superintendent, `Central Jail, Visakhapatnam, Visakhapatnam District. 3. The Station House Officer, Hukumpeta Police Station, AIIuri - sitharamaraju District. 4. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra pradesh [ouT] \ 6. One spare copy \ ®JSS z.~.. HIGH COURT TMR, J DATED :21 /04/2025 BAIL ORDER CRLP.No.3758 of 2025 ALLOWED