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2025 DAILYLAW 14996 (AP)

DABASIS DANDAPATI @ DEV v. THE STATE OF ANDHRA PRADESH

CRLP/3976/2025 · 2025-04-25

T Mallikarjuna Rao

body2025

Judgment text

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` \J IN THE HIGH COURT OF ANDHRA PRADESH AT AMA FRIDAY, THE TWENTY FIFTH DAY OF APRIL |`co> I;llg TWO THOUSAND AND TWENTY FIVE uf,,l`;. +/ :PRESENT: v£f `L,I.`{ THE HONOURABLE SRI JUSTICE T MALLIKARJUNA R ;'-i;--_--i;:i,.,:i.`1,fi.`,;,j5^€f i<l `==;i#i11fr,:. CRIMINAL PETITION NO: 3976 OF 2025 \ ,./' Between : J Debasis Dandapati @ Dev, S/o.Nilakantha Dandapati, aged abt 31 years, N/o. Jeypore, Surya mahaI, Jeypore Mandal, Koraput, Oddisa State. R/o.Malkangiri, Oddisa State \+ LJ Petitioner/A6 AND The State Of Andhra Pradesh, SHO, GtrP P.S., Visakapatanam, Represented by its public prosecutor, High Court ofAndhra Pradesh at Amaravati, Guntur District. ~ Respondent + rf €ir zprys Petition under section 480 & 483 of BNSS/437 & 439 of Cr.P.C., is filed Praying that in the circumstances stated in the memorandum of grounds fI|led in support of the CriminaIPetitI'On, the High Court may be pleased to enlarge L- the Petitioner/A6 on Regular Bail in respect to the crime No.243/2024 on the file of GRP P.S, Visakapatanam ut brf The petition coming on for hearI'ng, upon Perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri. ANAND KUMAR KOCHIRI Advocate for the petitioner and of Public Prosecutor for the Respondent; The Court made the following ORDER: I ` APHCO10188332025 E#E E:-I¥ifi: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) [3369] FRIDAY, THE TWENTY F'FTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3976/2025 Between : Dabasis Dandapati @ Dev ...-'PETITIONER/ACCUSED AND The State OfAndhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.ANAND KUMAR KOCHIRI counsel for the Respondent/complainant: 1.`PUBLIC PROSECUTOR The Court made the followin Order: This Criminal Petition under Sections 480 and 483 of BNSS, has been filed by the petitioner herein/A6 seeking regular bail in Crime No.243 of 2024 of Visakhapatnam Railway 'Police Station, GRP Vijayawada, registered for the offences punishable under Sections 2O(b)(ii)(B) read with 8(C) of the Narcotic Drugs and Psychotropic Substances Act,1985. 2. Case of the prosecution, in brief is that on 26.07.2024, the RPF while conducting checking at platforms of Visakhapatnam Railway Station, caught Al to A3 in possession of 14.7 Kgs of Ganja. The contraband along with other material was seized and the accused were remanded to J-udiCial Custody. 3. Learned counsel for the petitioner contends that basing on the confessional statement of co-accused, the petitioner herein is arrayed as \-- e=? ---i accused in the present crime. Moreover, the contraband involved in the present crime is non-commercial quantity. 4. On the other hand, learned Assistant Public Prosecutor vehemently opposed the grant of bail on the ground that investigation in the present crime is not yet completed. 5. Heard. Perused the record. 6. Learned counsel for the petitioner submitted that the contraband involved in the present crime is 14.7 Kgs of ganja, which is not of commercial quantity and the petitioner herein was arrested on 21.03.2025 and since then he has been in judicial custody. lt is submitted that the petitioner had permanent abode and there is no possibility of his fleeing away from the justice. lt is submitted by the learnedl counsel for the petitioner that most of the'witnesses are shown {o be official witnesses and .the release of the accused would not cause hampering of investigation and tampering of witnesses. lt is submitted by the learned Assistant Public Prosecutor that the petitioner herein has no previous crime record. 7. In view of the aforesaid facts and circumstances`of the case and considering the remand period of the petitioner, this court is inclined to grant bail to the petitioner herein. 8. ln the result, the criminal petition is allowed with the following conditions: ca_r| E= i. The petitioner herein shall be released on bail on his executing a Personal bond for Rs.10,000/-(Rupees ten thousand only) with one surety for a like sum to the satl-sfaction of the learned vI Judicial Magistrate of First class for Railways-Gum-VI Additional Civil Judge, Visakhapatnam. ii. on release, the petitioner shall appear before the station House Officer concerned, once in a fortnight i.e., on lst and 15th of every month between 10.00 AM and 01.00 PM., for a p`eriod of two (2) months. iii. The petitioner shall make himself available for investigation as and wheri required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. SD/ca Ful.PRABHAKAFS,A RAC) //TRUE COPY// ISTRAR SECTION GFF§CF"R To'1 The VI JudlClal MaglStrate Of Flrst Class for RallWayS and VI AddltlOnal civil Judge, VisakaPatanam~.- ~ BEE 2. The Superintendent, Central JaH VisakhaPatanam. 3. The Station House Officer, GRP Po"Ce*tiOn, VisakaPatanam.Let 4. One CC to Sri. ANAND KUus KOCHIRl, Advocate [OPUC] 5. Two cos tO PUBLIC PROSECUTOR, High Court Of Andhra PradeSh, AmaraVati. lOUT] 6. One spare COPY JSS .. +,I HIGH COURT TMR, J DATED :25/04/2025 BAIL ORDER CRLP.No.3976 of 2025 ALLOWED