Extracted from the PDF above. The PDF is authoritative.
lN THE HIGH COURT OF ANDHRA PRADESH AT AMA THURSDAY, THE TWENTY SIXTH DAY OF JUN TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 4120 OF 2025 Betwee n : Bhoga Anil Kumar, S/o. Gangaram, Aged 34 years, R/o. Hanumanwada, Dharmapuri mandal, Jagityal District, Telangana State. u.Petitioner/Accused No: 6 AND The S`tate of Andhra Pradesh, Rep. By its Public Prosecutor, High Court of Andhra Pradesh, Amaravati, Through Station House Officer, Mothugudem Police Station East Godavari District, Andhra Pradesh. ...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 in support of the Criminal Petition, the High court may be pleased to enlarge the Petitioner/A6 on Regular Bail in connection with crime No.2/2025 on the file of Mothugudem Police Station, dated: 26.01.2025. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of SRI PRASANNALA KANCHARLA Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following
ORDER:
__-__ |_ _rlJ I-`Tr-- IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO £B±MINAL PETITION NO: 4120/2Q2± Between : Bhoga AniI Kumar AND The State OfAndhra Pradesh Counsel for the petitioner/accused:
PRASANNALA KANCHARLA [3521] .HPETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR The Court made the following:
ORDER: The Criminal Petition has been fI|led under Sections 437 and 439 of the code of criminal procedure, 1973 (for brevity lthe cr.p.c.I;) and under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS'), seeking to enlarge the peti`tioner/Accused No.6 on bail in Cr.No.02 of 2025 of Mothugudem Police Station, AIIuri Sitharama Raju District registered against the petitioner/Accused No.6 herein for the offence punishable under section 8(c) read with 2O(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity {the NDPS Act'). \-_,,---.---,,..` A
\ Dr- YLR, J CrI.P.No.412O of 2025 Dated 26.06.202 I/
2. The case of the p'rosecution in nutshell is that on 26.01.2025 at about 14:15 hours, near Mothugudem Police Statl'on, Chintoor MandaI, a case of illegal possession and transportation of ganja for wrongful gain was reported. During vehicle checking, the sub-Inspector of Mothugudem Police Station intercepted two vehicles, a Maruti Ertiga bearing No.TS 22 4715 and an Ashok Leyland Van bearing No.TG 22 T 1003, coming from Donkarai side. Accused Nos.1 and 3 to 7 were apprehended whI|Ie allegedly transport,ing 126 kgs of ganja in five plastic bags, valued at Rs.6,30,000/-, from Pedagandi Village in GK Veedhi Mandal to Peddapalli District, Telangana. The polI'Ce Seized the contraband along with seven touch pads, two keypad mobiles, and Aadhar card xerox copies from the accused. A case was registered accordl-ngly, and the arrested persons were remanded to judicial custody. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Smt. Prasannala Kancharla, the learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the sole breadwinner; Petitioner WOuld abide by any conditions to be imposed by this court; and urged to allow the petition. 5. Per cot,ira, Mr. NeelotphaI Ganji, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined,- investigation is not completed; if the +-. ~_.I i-=-L`-
Dr_ YLR, J cri. p. No_4120 of 2025 Dated 26.06.2025 a£` petitioner is enlarged on bail, he would not be'aVailable for the investigation and he would escape from the clutches of law; and urged tO dismiss the bail petition. 6. As seen from the record, the Pet®ltiOner has been in thejudiCial Custody for the past 151 days.
There are nO Similar adverse antecedents reported against the petitioner. The petitioner iS the resident Of Hanumanwada, Dharmapuri Mandal, Jagityal District, Telangana State. lf the Petit|lOner iS enlarged on bail with stringent conditions, he would not flee away from the clutches of the law, and interest of the justice would be served. 7. Keeping in view Of the Period Of detentiOn undergone by the Petitioner in judicial custody for more than 151 days, the natllre and gravity Of al]egat|lOn levelled against the Pet'ltiOner, and his alleged role in the Case, this Court 'ls inclined to enlarge the petitioner on bail with the following stringent conditions. 8. In the result, the Criminal Petition iS allOWeld With the following conditions: i. The petitioner/A-6 shall be enlarged On bail Subject tO he executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, RampachOdaVaram. ii. The petitioner/A-6 shall appear before the Station House officer, Mothugudem Police Station, Alluri Sitharama Raju -_-*_--<|
Dr. YLF`. Crl.P. No.4120 of 20®. Dated 26.06.202 District, on every Saturday in between lO:00 am and 05:00 pm, till cogn-lzance is taken-,by the learned the Trial Court. iii. The petitioner/A-6 shall not leave the I-lmitS Of the District without prior perm'lss-Ion from the learned Judicial First Class Magistrate, Rampachodavaram. iv. The petitioner/A-6 shall not commit Or indulge in comm'lssion of any offence in future. v. The pet-lt-loner/A-6 shall cooperate With the inVeStigat-lng officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The pet-ltioner/A-6 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him/her from disclosing such
facts to the court or to any police officer.
sD!-®. S'±\ ASSIST ANT DEV\- TRL\R //TRUE COPY// Fort sECI\ON Toll The Station House Offlcer, Mothugudem Po'lCe Station, East GodaVa" District, Andhra PradeSh. 2 The Speclal Sessions Judge for Tr,al Of the Cases under the NDPS Act- Gum-I AddltlOnal SesslOnS Judge, East GodaVarl D'lstrlCt, Andhra pradesh.
3. The Superintendent, Central Prison, RajamahendraVaram.
4 One CC to SRl. PRASANNALA KANCHARLA, Advocate [OPUC] 5 Two CCs tO PUBLIC PROSECUTOR, Hlgh Court Of Andhra PradeSh [OUT] 6_ One spare COPY
\ HIGH COURT DR.YLR,J DATED : 26/06/2025
ORDER CRLP.No.4120 of 2025 ALLOWED