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2025 DAILYLAW 14420 (AP)

KORABU KRISHNA BABU v. THE STATE OF ANDHRA PRADESH

CRLP/3826/2025 · 2025-04-21

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AM MONDAY, THE TWENTY FIRST DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE :PRESENT.- THE HONOURABLE SRI JUSTICE TMALLIKARJUNA RAO / CRIMINAL PETITION NO: 3826 OF 2025 Z Between: Korabu Krishna Babu, S/o. Sanyasi Naidu, aged about 22 years, R/o. Lamadampalli Village, Balapam Panchayat, ChI'ntaPalli MandaI, AIIuri Sitharama Raju District. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep by its public prosecutor, High Court of Andhra Pradesh. ...Respondent PetitI'On under Section 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on bail pending disposal of Crime No.02/2025 of A. Annavaram P.S., now AIIuri Sitharama Raju District. The petition coming on for hearing, upon perusing the petition and the grounds fI'led in support thereof and upon hearing the arguments of Sri Gollapalli Maheswara Rao, Advocate for the petitioner and of public Prosecutor for Respondent, the court made the following APHCO10179652025 IN THE HIGJ'H COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 3826/2025 Between : Korabu Krishna Babu The State Of Andhra 'Pradesh AND [3369] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1, GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Pe{itron, u/See.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the petitioner/A1, seeking bail, in Crime No.2/2025 of Annavaram Police Station, AIIuri Sitharama RaJ'u District. 2. A case has been registered against the petitioner and others for the offences punishable u/Sees.20(b)(ii)(B), 25 r/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, is that, on 05.02.2025 at about 15.00 hours, on receipt of credible information, regarding illegal possession and -3Pn ' i\ \ 2 transportation of ganja, the' s.I of Police, along with staff and mediators rushed to Ramaraopalem Junc{io'n, and found three persons on a motorcycle coming from Kotagunnala side. Upon seeing police, the said three persons tried to escape. But police caught and apprehended two of them and on enquiry they disclosed their identity particulars as A2 and A5. ` Police found 3 Kgs of Liquid Ganja in their possession and got them into custody. A2 and A5 confessed the involvement of Al in the commission of the offence. During the course of investigation, police arrested Al on 28-02.2025' 5. Perused the record. 6. Learned counsel forthe petitioner contends that a crime came to be registered on 05.02.2025 and basing on the confession statement of A2 and A5, where they purchased the Hash oil from A1, the present crime came to be registered. After that, Al voluntarily surrendered before the court on 28.O2.2025 and since then he has been in judicial custody, as such, prayed to allow the Criminal Petition. 7. Learned Assistant Public Prosecutor opposed to grant bail to the petitioner on the ground that investigation is not yet completed. 8. After careful observation of the material on record and submissions nlade on behalf of both sides, it shows that no contraband has been seized from the possession of the petitioner. The case against the petitioner is only based on the confessional statement and when ascertained, learned Assistant Public Prosecutor submitted that no antecedents were reported `- ®__* te€ ... P 3 against the petitioner.-since the petitioner has been in remand from 28.02.2025, 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 Balapam Panchayat, there is no possibility of his fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioner would not cause tampering of evidence and hampering of investigation. con-sidering the entire material on record, this court is inclined {o grant bail to the petitioner with some conditions. 9. In 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-Gum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam,- (ii) on release, the petitioner sha" appear before the station House Officer concerned once in a fortnight between 10.00 a.m. and 12.00 noon,-for a period of three (o3) months. (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall co6perate for investigation. SD/-P.VIhjdb_ KJMAP` //TRUE COPY// ASSISTAN .r r ISl-RAE- SECTION OFFICER _dr- /' To, Jr, ` 1. The I Additional District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam DI'StriCt. 3. The Station House Officer, A.Ahnavaram Police StatI'On, Alluri Sitharama Raju District. 4. One CC to SRI GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 5. Two CCs toPUBLIC PROSECUTOR, High Court of A.P., Amaravati. [OUT] 6. One spare copy. PSD HIGH COURT TMR,J DATED..21/04/2025 BAIL ORDER CRLP.No.3826 of 2025 ALLOWED