Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT or ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY FIFTH DAY OF' JUNE TWO THOUSAND ANDTWENTY FIVE :PRESENT.I THE HONOURABLE DR JuSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4129 OF 2025 Between : Gurram suresh, s/o. Narasajah, Aged 34 years, R/o. Pajdl'cl-ntalapa"-I' Darmaram Mandal, pedhapa[Ii DI'Strl'Ct, Telangana state. ...Petitioner/Accused No.5 AND The state of Andhra pradesh, H+-gh court of Andhra pradesh, AmaravatI- Through statI'On House officer, Mothugudem poll'ce StatI'On, East Godavari District, Andhra pradesh. ...Respondent Section 437 and 439 the memorandum of petl-lion under sectl-on 480 & 483 of BNSS (old of cr.p.c.) prayl-ng that jn the cI'rCumstances stated in grounds fI-led in support of the crI-minal Petition, the High court may be pleased to enlarge the petitioner/A5 on Regular Ba" in connection with crime No.2/2025 on the fI-le Of Mothugudem police Station, East Godavarl- DistrI'Ct, dated.. 26.01.2025. The petI-lion coming on for hearing, upon perusl'ng the petition and the memorandum of grounds fllled in support thereof and upon hearI'ng the
arguments of SRI PRASANNALA KANCHARLA Advocate for the petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the court made the followl-ng
ORDER-. [3521] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO NO:4 Betwee n :
1.GURRAM SURESH, , s/o. NARASAIAH, AGED 34 YEARS, R/O, PAIDICINTALAPAL" DARMARAM MANDAL,PEDHAPALLI DISTRICT, TELANGANA STATE. u.PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, High court of Andhra pradesh, Amaravati Through station House officer, Mothugudem police Stall-On East Godavari Distrl'ct. Andhra pradesh ...RESPONDENT/COMPLAINANT The court made the followI-ng.- The CrI'mI|naI Petition has been filed under sections 437 and 439 of the code of crjmjnal procedure, 1973 (for brevity fthe cr.p.c.,j) and under sections 480 and 483 of the Bharatjya Nagarik suraksha sanhita, 2023 (for brevity {the BNSSJ), seekl'ng to enlarge the petf'tjoner/Accused No.5 on ba" I'n cr.No.02 of 2025 of Mothugudem police Station, Alluri Sl-tharama RaJ'u DjstrI-Ct registered aga['ns{ the petitioner/Accused No.5 herein for the offence ~:--` foft
i.\ \ 2 F?iF. - punishable under sec{JIOn 8(c) read wj{h 20(b)(ij)(C) of the Narcotic Drugs and J| psychotroplrC Substances Act, 1985 (for brevity fthe NDPS Act'). 2. The case of the prosecutI'On I'n nutshell iS that On 26.01.2025 at about 14:15 hours, near Mothugudem police Station, chI'ntOOr MandaI, a case of illegal possession and transportatI'On Of ganja for wrongful gain was reported. During vehicle checking, the sub-Inspector of Mothugudem police stall-On intercepted two vehicles, a Maruti Ert]|ga bearI'ng No.TS 22 4715 and an Ashok Leyland Van bearI'ng No.TG 22 T 1003, comI'ng from Donkarai side. Accused Nos.1 and 3 to 7 were apprehended whI-Ie allegedly transporting 126 kgs of ganja ,'n five plastI'C bags, valued a{ Rs.6,30,000/-, from pedagandI-Village jn GK Veedhi Mandal to peddapaIII' Djstric{, Telangana. Accused No.5, Gurram suresh, was jdentifjed as the source and transporter, while Accused No.6 and No.7 were consumers. Accused No.2 remains abscondI'ng. The police seized the contraband along with seven touchpads, two keypad mobiles, and Aadhar card xerox copt-eS from the accused. A case was registered accordingly, and the arrested persons were remanded to judI-CI-al custody. 3. Heard learned counsel for the petI'tiOner and the learned AssI'Stant Public prosecutor. perused the record. 4. Sri Prasannala Kancharla, the lea`rned counsel for the petitI-Oner SubmI'tS that the pet['tioner has not committed any offence,- petjtjoner was falsely jmpljcated by the poII'Ce I-n 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. T== I T* ---="tes-
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5.
Per confra, Mr. NeeI6tphaI Ganji, the learned Assistant Public pros-ecutor, opposed in ,granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the 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 Petitioner has been in the judicial custody for the past 150 days. Tie_[eLa_I_e_.P_OLLSjm~iI..a_r__.a_a_v_e_rse a.h.t~ece_de_nts_ .r_Gpo_rt_ed against the petitioner. The petitioner is the resident. of Paidicintalapa]li _------`_---.A----.----------` i_-I-` Darmaram Mandal, Pedhapalli District of Telangana State. lf the petitioner 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 Per-lOd Of detentiOn undergone by the Pet'ltiOner in judicial custody for more than 150 days, the nature and gravity of allegation levelled against the petitioner, and his alleged role in the case, this Court is inclined to enlarge the petitioner 6n bail with the following stringent conditions. 8. ln the result, the Crjmina[ Petition is allowed with the fo[[owing conditions: i. The petitioner Shall be enlarged on bail subJ'eCt tO them executing a personal bond for a sum of Rs.25,OOO/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Rompachodavaram. ii. The petitioner shall appear before the station House Officer, Mothugudem poll-Ce Station, AIIuri Sitharama Raju District, on every saturday in between 10:00 am and 05:OO pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner shall not leave the limits of the District without Prior Permission from the learned Judicial First Class Magistrate, Rompachodavaram. iv. The petitionershal' not commit or I-ndulge I-n commission Of any offence in future.
v. The petI'tI-Oner Shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The petitioner 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 hI-m/her from disclosing Such
facts to the court or to any police officer. SD/-G.HELANAIDU //TRUE COPY// ASS:S_T_A_TT R#TRAR SECTION-OFFICER
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1. The Station House Officer, Mothugudem police station, Alluri Sita Rama Raju District, Andhra Pradesh`.
2. The Special Sessions Judge for Trial of the cases under the NDPS Act- Gum- I AddI'tiOnaI Sessions Judge, RaJ|amahendravaram, East Godavari District, Andhra Pradesh.
3. The Superintendent, Rajamahendravaram central Prison, East Godavari District, Andhra Pradesh.
4. One CC to SRI. PRASANNALA KANCHARLA, Advocate [opuc]
5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT]
6. One spare copy KN I
HIGH COURT DR.YLR,J DATED : 25/06/2025
ORDER CRLP.No.4129 of 2025 ALLOWED