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2025 DAILYLAW 17010 (AP)

VENTRAPATI MAHESH alias PEDDA v. THE STATE OF ANDHRA PRADESH

CRLP/4839/2025 · 2025-05-07

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE rPRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4839 OF 2025 Between: Ventrapati Mahesh @ Pedda, S/o. Chinni D.No.43-7-1/1, Rajamahendravaram, East Godavari District Churchpet, ...Petitioners/Accused No.7 AND The State of Andhra Pradesh, through the Station House Officer, I Town (L & O) P.S, Rajamahendravaram, East Godavari District, Represented by Public Prosecutor, High court of Andhra Pradesh ...Respondent Petition under Sections 480 & 483 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court-Wiay be pleased to enlarge him on bail in connection with Crime No. 211 of 2024 of I Town (L & O) Police station, Rajamahendravaram. 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 DUGGIRALA SUBASH Advocate for the Petitioner PUBLIC PROSECUTOR, for the Respondent, the Court made the following and of THE HONOURABLE $RI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4839 of 2025 ORDER: • ‘S This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A7, seeking bail, in Crime No.211/2024 of Rajahmundry I Town Police Station, East Godavari District. A case has been registered against the petitioner and others for the 2. offences punishable u/Sec.20(b)(ii)(C) r/w 8(c) of the NDPS Act. Heard learned counsel for the petitioner and the learned Assistant 3. Public Prosecutor representing the respondent/State. Case of the prosecution, in brief, is that, on 02.9.2024 at about 7.00 4. am, on receipt of credible information, regarding illegal possession and transportation of ganja, the S.l of Police, along with staff and mediators rushed to Christian cemetery, near Muggupeta church centre. Rajamahendravaram and found seven persons. Upon seeing police, the said seven persons tried to escape. But police caught six persons while the other one escaped. On enquiry, they disclosed their identity particulars as A1 to A6. Police found 20.510 Kgs of Ganja in their possession and got them into custody. A1 to A6 confessed about the involvement of A7 in the During the course of investigation, A7 commission of the offence. surrendered before police on 04.3.2025. Perused the record. 5. 2 Learned counsel for tlie petitioner contends that a crime came to be registered on 02.9.2024 and basing on the confession statement of other accused, who were found to be in possession of 20.510 kgs of Ganja, which is a non-commercial quantity, this petitioner was arrested on 04.3.2025 and since then he has been in judicial custody, as such, prayed to allow the 6. Criminal Petition. Learned Assistant Public Prosecutor has not disputed the above fact 7. and opposed to grant bail to the petitioner. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioner was arrested and remanded to judicial custody on 04.3.2025 basing on the confession statement of other accused. Evidently no contraband has been seized from the possession of the petitioner. Since the petitioner has been in remand from 04.3.2025, this Court found that most of the investigation pertaining to the role played by the petitioner in the commission of the offence would be completed. It is submitted that the petitioner is permanent resident of Rajamahendravaram, there is no possibility of his fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioner would not cause tampering of evidence and hampering of Considering the entire material on record, this Court is inclined to grant bail to the petitioner with some conditions. 8. investigation. 3 In the result, the Criminal Petition is allowed with the following 9. conditions: (i) The petitioner/A7 herein shall be released on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with one surety for a like sum to the satisfaction of the learned II Additional Rajamahendravaram; (ii) On release, the petitioner 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 petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. Judicial First Class Magistrate SD/- K.SRINfVASA RAJU ASSISTANT ^^TRAR SECTIO^^RCER //TRUE COPY// To, 1. The II Additional Judicial First Class Magistrate at Rajamahendravaram, East Godavari District 2. The Superintendent, Central Prison, Rajamahendravaram, East Godavari District 3. The Station House Officer, Rajahmundry I town (L&O) Police Station, East Godavari District 4. One CC to SRI. DUGGIRALA SUBASH Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy PSR HIGH COURT TMR.J DATED:08/05/2025 BAIL ORDER CRLP.No.4839 of 2025 „. MM tt ALLOWED #c |o o oy m ix Co % ~«-iW • .