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2025 DAILYLAW 17481 (AP)

Vallemma @ V. Valliyamma, v. The State of Andhra Pradesh,

CRLP/5042/2025 · 2025-07-21

Y Lakshmana Rao

Transfer Petitionbody2025

Judgment text

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APHCO10238582025 EELELH ./ tHrrZ3j£ i- Between : IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CR[M[NAL PETITION NO: 5042 OF 2025 I I ` I. _I . Vallemma @ v. vaIIiyamma, C/o. Partheepan, Aged about 65 years, R/o. D.No. 27-328/4, Janakar Palli, Greamspet, ChI-ttOOr, Chittoor District ...Petitioner/Accused-1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Amaravathi. u.Respondent Petition under section 482 of BNSS-2023 (438 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in the event of her arrest in FIR No.40 of 2025, dated 17-03-2025 on the file of Chittoor lI Town Police Station, Chittoor DistrI-Ct. Counsel for the petitioner: srI-Raja Reddy Koneti Counsel for the Respondent: pubII-C Prosecutor The Court made the following order: ..i.*.ri ?#=_=* E==Ei J f APHCO10238582025 lN THE H;IGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Ju+isdiction) TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PET[T[ON NO: 5042/2025 [3521] Between: VALLEMMA @ V. VALLIYAMMAH C/O. PARTHEEPAN, AGED ABOUT 65 YEARS, R/O. D.NO. 27-328/4, JANAKAR PALLl, GREAMSPET, CHITTOO,R, CHITTOOR DISTRICT ".PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court Buildings, Amarav-athi. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the petitioner on bail in the event of her arrest in FIR No.40 of 2025, dated 17-03-2025 on .the file of Chittoor ll Town Police Station, Chittoor District in the interest of justice Counsel for the Petitioner/accused: 1. RAJA REDDY KONETI Counsel for the Respondent/comp[a`inant: 1.PUBLIC PROSECUTOR The Court made the following: fiite[ \| ORDER The Criminal Petition has been filed under Section 482 of' the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS]) by the petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.40 of 2025 of Chittoor ll Town Police Station, Chittoor District, registered for the alleged offences punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for brevity lthe NDPS Act') and Section 27(3) Qf Arms Act,1959. 2. 2. The case of the prosecution is that on 07.03.2025, on receipt of credible information regarding illegal possession of Ganja, the Inspector of Police, Chittoor lI Town Police Station, along with his 'staff and the Tahsildar, conducted a raid at Muslim colony besides AIIabakshu, Godown, Iruvaram, Chittoor and caught hold of the Accused NoS.1 to 8 found in their possession of Ganja. When the accused were questioned, they confessed about purchasing and sale of Ganja from the petitioner and the contraband seized was said to have purchased from the pe.titioner/Accused No.1. Then the police seized the contraband and on the basis of the seizure and confession, the police registered a case in Crime N6.40 of 2025 on the file of the Chittoor II Town Police Station, Chittoor District. 3. Sr'I Raja Reddy Koneti, the learned counsel, for the petitioner, sllbmitS that the Petitioner has not committed any Offence; She Was 3 |3 falsely I'mPII|Cated ln this case, she is ready to abide any condI'tiOnS tOvbe ¢¥ imposed by this court,I and it js urged to grant pre-arrest ba" to the Petl'tI|Oner/Accused No.1. 4. Per confra, Ms.P.Akila Najdu, the learned AssI|Stan{ PublI'C prosecutor, opposed jn granting of pre-arrest ba" statlng that I'nVeStI'gation I-s not completed,I l'f the petI'tjOner Its enlarged on pre-arrest bail, she would not be avallable for the I'nVeStigatI'On and she wlll repeat the same offence,I and I't I'S urged to disml|ss the ba" application. 5. Perusedtherecord. 6. The allegations against the petjtllOner/Accused No.1 are that Accused No 2 to Accused No 7 have bought 2 370 grams of GanJa from the petI'tlOner The petI'tl|Oner I-s aged about 65 years. she IS a lady. It is reported that there are four (o4) antecedents of sI-m[|lar nature aga['ns{ the petj{loner. As per the judgment of the HonJble Apex court jn specja[ Leave {o Appeal (criml-nat) No.9540 of 2025, dated o7.07.2025 in the c_ase of Dinesh chander v. state of Haryanal in general Antilallpatory Ba" is not maI'ntaI-nable agaI-nSt the accused, who is I-nVOIVed jn NDPS CaSeS- 7 conslderI'ng the nature of allegatIOnS leveled agaI.nSt the petitioner, her alleged role ]|n thI[S Case and the four (o4) adverse antecedents reported agaI'nSt the petitioner, this court does not deem I|t fit to grant _ + - pre-arrest ba" to the petI-tjOner. However, the learned counsel for the petitioner requests thI'S Court to grant liberty to the petitI'Oner to surrender before the learned jurI-SdiCtiOn MagI'Strate concerned and move an appropriate app[icatjon for her release before the special Court COnCerned. 8. ln the result, the criml'naI Petition I'S disposed of grantI'ng liberty to the petitioner to surrender before the learned jurI'SdiCtl-On Magl-strafe concerned wI'thl'n a period of one (o1) week from the date of recel-pt of copy of this order and move an appropriate appll-cation before the learned special court for enlarging her on bail. The learned specI'al Judge shall endeavor to dispose of the application on its own merits and pass appropriate orders within a reasonable time, preferably I-n two (02) days. To, 5. Two cos to the Sd/-K SRINIVASA RAJU //TRUE COPY// ASSISTA#GJ3PAR SECTION OFFICER 1. The I Additional District & sessI'Ons Judge, chittoQr, Chittoor District. 2. The IVAddjtI-OnaI Judjcjal First class MagI'Strate, ChI-ttOOr. 3. The statl'on House officer, chittc,or " Town police statl|on, chl-ttoor DistrI'Ct. 4. One CC to srl'. Raja Reddy KonetI', Advocate [opucJ l= - Amaravathj [ouT] 6. Two cD CopI'eS Stu Sree publl'c prosecutor, High court of Andhra pradesh at 9 ij#Z¥€