GOLLAVILLI SURI BABU v. THE STATE OF ANDHRA PRADESH
CRLP/4056/2025 · 2025-04-28
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15021 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15021 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
r| 't,, rEEinE= IN THE HIGH COURT 9F ANDHRA PRADESH AT AMAR MONDAY, THE TWENTY EIGHTH DAY OF APRI TWO THOUSAND AND TWENTY FIVE THflHONOURABLE SR:'PJRuEsST:CNFTi MAl I IKAD I HONOURABLE SRI JUSTICE I MALLIKARJUNA CRIMINAL PETITION NO: 4056 OF 2025 Betwee n :
1. GollaviIIi Suri Babu, s/o.venkataramana, Aged 54 years, R/o.D.No.1- 60, GoIIapeta, Madugula Koduru Village, V.Madugula MandaI, Anakapalli.
2. Sanapathi Ramesh, s/o.Ramu, Age 33 years, R/o MKoyapadu village, V.Madugula MandaI, Anakapalli District. ...Petitioners/A.7 To A.8 AND The State of Andhra pradesh, Rep. By l'ts PubII-C Prosecutor, High Court of A.P., Amaravati, Through stall-on House Officer, Anakapallj Town Po[jce Station. ...Respondent petition under section 480 & 483 of BNSS (old Section 437 and 439 of cr.p.c.) is filed praying that in the circumstances stated in the memorandum of grounds filed jn support of the crjml-nat petjtjon, the High court may be pleased to enlarge the petitioners/ A.7 & A.8 on Regular Ba" I'n connection with Crime No.51 Station, dated 25.02.2025. •:-_: o2 5 on the file of AnakapaIIi Town Police The petition comI|ng On for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of SRI PUWALA SRIN]VASA RAO Advocate for the petitioners, and of PUBLIC PROSECUTOR for the Respondent, and the court made the following
ORDER: EEEl
` + + `:tJ THE HONOURABLE S,RI JUSTICE I MALLIKARJUNA RAO | , CRIMINAL PETITION NO.4056 of 2025
ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagar|lk suraksha sanhita, 2023, has been filed by the petitioners/A7 and A8, seeking bail, in crime No.51/2025 of Anakapalle Town Police Station, Anakapalle District. 2. A case has been registered against the Petitioners and Others for the offences punishable u/Sees.20(b)(ii)(C), 25 I/w 8(c) of the NDPS Act. 3. Heard learned counsel for the Petitioners and the learned Assistant public prosecutor representing the respondentlState. 4. Case of the prosecution, in brief, iS that, On 25.02.2025 at about 4.30 pm, on receipt of credible information, regarding illegal possession and transportation of ganja, the S.I of Police, along with staff and mediators rushed to Mapakalli town and conducting vehicle checking and they found six persons. upon seeing police, the said six persons tried to escape. But police caught and apprehended them and On enquiry they disclosed their identity particulars as Al to A6. Police found 128 Kgs of Ganja in their possession and got them into custody. Al to A6 confessed about the involvement of A7 and A8 in the commission of the offence. During the course of investigation, police arrested A7 on 17.3.2025 and A8 on O2-4.2025-
5. Perusedth6record. \- ~ €giv-.-
2
6. Learned counsel for th-6 petitioners contend that a crime came to be registered on 25.02.2025 and basing on the confession statement of other accused, who were found to be in possession of 128 Kgs of Ganja, which is a huge quan{i{y and A7 was arrested on 17.3.2025 and A8 2as arrested on . o2.4,2025 and since'then they have been in judicial custody, as such, prayed to allow the Criminal Petition. 7. Learned Assistant Public Prosecutor has not disputed the above fact and opposed to grant bail to the petitioners. 8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the A7 was remanded to judicial custody on 17.3.2025 and A8 on 02.4.2025 basing on the confession statement of other accused. Evidently no contraband has been seized from the possession of the petitioners. Since the petitioners have been in remand from 17,3.2025 and 02.4.2025, this Court found that most of the investigation pertaining 'to the role played by the petitioners in the commi`ssion of the offence would be completed.
It is submitted that the petitioners are permanent residents of V.Madugula Village and Mandal, Anakapalle District as such there is no possibility of their fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioners would not cause tampering of evidence and hampering of investigation. When ascertained, learned Assistant Public Prosecutor submitted that there are no antecedents reported against the .petitioners. c#
/ 3 Considering the entire material on record, this Court is inclined to grant bail to the petitioners with some conditions. 9. In the result, the Criminal Petition is allowed with the following conditions: (i) The petitioners/A7 and A8 herein shall be released on their executing a personal bond for Rs.50,OOO/- (Rupees fifty thousand only) each with two sureties for a like sum to the satisfaction of the learned XI Additional Metropolitan Magistrate, Anakapalle; (ii) On release, the petitioners shall appear before the Station House Officer concerned once in a fortnight between 10.00 a.m. and 1.00 pm, for a period of three (03) months. (iii) the petitioners shall not tamper with the evidence and hamper the i,nvest'lgation and shall cooperate for investigation. SD/- K. KASI RAO ACHARI ASSISTANT :S //TRUE COPY// ISTRAR For ASSISTANT REt±lSTRAR To,
1. The Station House Officer, AnakapalII' Town Police Station. 2. The Superintendent, central Prison, Visakhapatnam. 3. The lstAddl. JunI-Or Civil Judge-Gum-xI Addl. Metropolitan Magistrate, Anakapalli. 4. One CC to SRl. PUWALA SRINIVASA RAO, Advocate [opuc]
5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra pradesh. [OUT]
6. One spare copy KN
mGH_COURT TMR,J DATE D.. 28/04/2025
ORDER CRLP.No.4056 of 2025 ALLOWED +,,I u-~ -<