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2025 DAILYLAW 17870 (AP)

KILLO JAKARAYYA @ JACK SPARROW v. THE STATE OF ANDHRA PRADESH

CRLP/5177/2025 · 2025-05-28

Y Lakshmana Rao

body2025

Judgment text

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. -`is`ts.` `v IN THE HIGH COURT OF ANDHRA PRADESH AT AMA || /'\ THURSDAY, THE TWENTY NINETH DAY OF MA TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO ` CRIMINAL PETITION NO: 5177 OF 2025 Between : 1. KiIIo Jakarayya @ Jack Sparrow, s/o Gasi, Aged about 20 years, R/o chowdapalli village, Chinthapalli Mandal, AIluri Seetharamaraju District 2. Gorle Sivaraju, s/o Thrinadha Rao, Aged about 23 years, occ student, R/o lTDA Quarters, chinthapallI- Village Mandal, Native of Jerrila, Gudem KothaveedhI- Mandal, AIluri Seetharamaraju DI|StriCt ...PetitI-OnerS/Accused No.1 & 2 AND The State of Andhra pradesh, By Station House Officer Jami Police station, vizianagaram District Rep. by publl'c Prosecutor High Court of Andhra pradesh at Amaravati ...Respondent petitI'On under Sections 437 & 439 of Cr.P.C/ Under Sections 480 & 483 of BNSS prayI-ng that jn the circumstances stated jn the memorandum of grounds filed I'n Support Of the Criminal Petition, the High Court may be pleased to enlarge the petl'tioners/Accused No. 1 and 2 on ba" in crime No.`' 34 of 2025 on the fl-le of the Jamj Police Station, vl'zianagaram DistrI-Ct. The PetjtI-On COming on for hearing, upon perusI-ng the Petition and the memorandum of grounds fIIed I-n support thereof and upon hearing the arguments of M/s TADDI SOWMYA NAIDU Advocate for the petI-tjOnerS, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following / THE HONOURABLE' DR JUSTICE Y. LAKSHMANA RAO GRIM ORDER: NAL PETITION NO: 5177 OF 2025 The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS'), seeking to enlarge the petitioners/Accused Nos.1 and 2 on bail in Cr.No.34 of 2025 of Jami Police Station, Vizianagaram District, registered against the petitioners/Accused Nos.1 and 2 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 lthe NDPS Act'). 2. The case of the prosecution in nutshell is that on 09.O4.2025 at 09.00 am, on credible information, the Sub-Inspector of Police, Jami Police Station, Vizianagaram District, along with his staff reached near AIamanda Railway Station Junction and found Al and A2 in possession of ganja. Then the police caught the accused and found 3 KGs of ganja in their possession and arrested them u`nder cover of panchanama. 3. Heard' learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Smt. T.Sowmya Naidu, the learned counsel for the petitioners submits / that the petitioners have not committed any offence; petitioners were falsely implicated by the police in the crime; petitioners are the sole breadwinners; petitioners would abide by any conditions to be imposed by this Court; and urged to allow the petition. +-`--. r-r9 *..--,---_I / 2 Dr.YLR,J Crl.P.No.5177 of2025 5. Perconfra, learned Assjstan{ pub[l'c prosecutor, opposed in granting of bail stating that the petjtjoners are habitual offenders, some more materl'a[ wI'tneSSeS have tO be examI'ned; investigation is not completed,I jf the petitioners are enlarged on bail, they would not be avalllable for the investigation and would escape from the clutches of law; and urged to dism['ss the bail petitI'On. 6. As seen from the record, the petI't[-OnerS have been I'n the judjcjal custody since o9.04.2025. The petitl'oners are residents of AIIuri seetharamaraju District of Andhra pradesh. lf the petitI-OnerS are enlarged on bail with stringent condj{ions, they WOL,]]d 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 detentI-On undergone by the petitioners in judicial custody for more than 50 days, the nature and gravity of allegation levelled against the petI'tiOnerS, and their alleged role I-n the Case, this Court js I'nCljned to enlarge the petitioners on ba" with the following stringent conditions. 8. In the result, the crI-minal petition I-S allowed with the following conditions.- i. The pet['tI'OnerS/Al and A2 shall be enlarged on ba" subject to I their executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each, wI-th two SuretI-eS each for the like sum each to the satisfactI-On Of the learned Judicial MagI'Strate of First class at srungavarapukota. v)`-| ¢=cfrc------ -------~ Dr.YLR,J crl.p.No.5177 of 2025 `` ii. The petitioners/Al and A2 shall appear before the Station House Officer, Jami Police Station, Vizianagaram D-lstrict, On every saturday in between 10-.00 am and 05:OO pm, t" cognizance is taken by the learned the Trial Court. iii. The petitioners/Al and A2 shall not leave the limits Of the District Without Prior Permission from the learned Judic-lal Magistrate Of First Class at SrungaVaraPukOta. iv. The petitioners/Al and A2 shall not commit Or indulge 'ln commllss-Ion of any Offence in future. v. The petitioners/Al and A2 shall cooperate With the investigating officer in further 'lnvestigation of the case and sha" make themselves available for interrogation by the investigating officer as and when required. vL The petitioners/Al and A2 shall not, d-lreCtly Or indirectly, make any inducement, threat or promise to any person acquainted w-lth the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. sd/-G. HELA NAiDU ASSISTANT A! //TRUE COPY// For AS SECTION OFFICEP` To'1. The Special Judge for Trial of Cases under NDPS Act Gum I Additional sessions Judge, V-lzianagaram, Viz'lanagaram District 2. The Superintendent, Central Prison, Visakhapatnam, VisakhaPatnam 3- 4. 5. The Station House Officer, Jami Police Station, V'lzianagaram District District one cc to M/s TADDI SOWMYA NAIDU Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, Hlgh Court of Andhra PradeSh [OUT] 6. One spare COPY PSR gTq| HIGH COURT DR.YLR,J DATED :29/05/2025 BAIL ORDER CRLP.No.5177 of 2025 ALLOWED •ng*fa\ a_*,.._.. r`-` ,- I / )ljm !t, ) #*. ':