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2025 DAILYLAW 15492 (AP)

VOLAPALLI JANARDHANA RAO @ JANA v. THE STATE OF ANDHRA PRADESH

CRLP/4145/2025 · 2025-06-18

Y Lakshmana Rao

body2025

Judgment text

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I_---_=-_ i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL P48ETITION NO: 4145 OF 2025 Betwee n = 1. Volapalli Janardhana Rao @ Jana, S/o.Rama Krishna, Age 29 years, R/o.Bapiji Nagarn Colony down, Venkatagiri-2, Pidimgoyyi Panchayat, Rajahmundry Rural, East Godavari District 2. Volapalli Manikanta @ Ayyappa, S/o.Rama Krishna, Age 24 years, R/o.BapijiNagarn Colony down, Venkatagiri-2, Pidimgoyyi Panchayat, Rajahmundry Rural, East Godavari District ...Petitioner/Accused No.2 and 3 AND The State of Andhra Pradesh, Represented by Bommuru PS, Rajahmahendravaram, East Godavari District, Rep. through Public Prosecutor Hon'ble High Court of Andhra Pradesh At Amaravati. ...Respondent/Complainant Petition under Section 480 and 483 of BNSS 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 i.e A.2 and A3 on Regular bail in Crime No 325/2024 of Bommuru PS, East Godavari District, Dated; 20/09/2024. 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 B.SUDHAKAR KUMAR Advocate for the Petitioners, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following ORDER: *agjE!S:asae APHCO10t97222025 ri H!TH IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) [3521] THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y.I LAKSHMANA RAO CRIMINAL PETITION NO: 414§/L2Q2± Between : volapalli Janardhana Rao @ Jana and others ...PETITIONER/ACCUSED(S) AND The State of Andhra Pradesh couns'el for the Petit-IOner/accused(S): B.Sudhakar Kumar ...RESPONDENT/COMPLAINANT counsel for the Respondent/complainant: Public Prosecutor The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSSJ), seeking to enlarge the petitioners/Accused Nos.2 and 3 on bail 'ln Cr.No.325 of 2025 of Bommuru Police Station, East Godavari District, registered against the pet'ltioners/Accused Nos.2 and 3 herein for the Offence Punishable under section 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic substances Act,1985 (for brevity tthe NDPS A9t'). c*-3_, +r Dr.YLR, J Crl.P.No.4145 of 2025 ::.:i;bg£ Dated 19 The case of the prosecution in nutshell is that the petitioners found I-ni possession of contraband of 23.140 Kgs of Ganja along with other accused. The police have arrested the accused and seized the contraband on 20.09.2024. 3. Heard learned counsel for the petI|tjOnerS and the learned Assistant Public prosecutor. 4. Sri B. Sudhakar Kumar, the learned counsel for the petl|tI-OnerS, Submits that the petitioners are l'nnocent and they have not committed any offence,I petjtjoners were falsely I-mPljCated by the police in the crI-me,- PetitI'Oners are the sole breadwinners,I petitioners would abide by any conditions to be imposed by thl's court,- and urged to allow the petI'tiOn. 5. Per confra, Mr.Neelotphal Gunj, learned Assistant public Prosecutor, submits that there are 13 cases pending agal'nst the accused and out of them two eases are relating {o tthe NDPS AcLj though the investigation is completed, the charge sheet is not yet been fI'led and urged to dismiss the ba" petl'tjon. 6. perusedtherecord. 7. The petjtjoners have been in thejudicjal custody for the past 271 days, they were arrested on 21.09.2024. ]n this case, Al was already enlarged on bail in crI.P,No.1034 of 2021. The investjgatjon I-s completed, but the charge sheet is not yet filed. Even though several cases are filed against {'he petitioners, which include cases pertaI-ning to {the NDPS Act.,I they registered I--3 c-i.se E Dr.YLR, J Crl.P.No.4145 of2025 Dated 19.06.2025 long ago. In view of,the completion of the investigation, the nature of the allegations levelled against the petitioners and their alleged roles in the case, this Court is inclined to enlarge the petitioners on bail with `the following stringent conditions. 8. In the result, the criminal petitI'On iS allowed With the following conditions: i. The petitioners/A2 and A3 shall be enlarged on bail subject to th:ir executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each, with two sureties each for the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate of I class, Rajamahendravaram. ii. The petitioners/A2 and A3 shall appear before the Station House Officer, Bommuru Police Station, East Godavari District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/A2 and A3 shall not leave the limits of the District without prior permission from the VI Additional Judicial Magistrate of I class, Rajamahendravaram. iv. The petitioners/A2 and A3 shall not commit or indulge in commission of any offence in future. v. The petitioners/A2 and A3 shall cooperate with the investigating officer in further investigation of the case and shall *--_ 6=#_lL-i - Dr.YLR, J Crl.P.No.4145 of2025 Dated 19.06.2025 make themselves available for interrogation by the investigating offI'Cer aS and When required. vi. The petitioners/A2 and A3 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 MsR/NvA . .__i.'''..I €_--5 //TRUE COPY// OFFlcER ForAOO[o[Jr`I...__ To, 1. The VI Additional JudI'CiaI Magistrate of First CIass, Rajahmahendravaram, East Godavari District. 2. The Station House Officer, Bommuru PS, Rajahmahendravaram, East Godavari District. 3. The SuperI-ntendent, Central Prison, RaJ'ahmahendravaram, East Godavari District. 4. One CC to SRl. B.SUDHAKAR KUMAR, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 6. One spare copy KN HIGH COURT DR.YLR,J DATED: 19/06/2025 ORDER CRLP.No.4145 of 2025 ALLOWED 'r+:=,;, `... '