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2025 DAILYLAW 18673 (AP)

JANNI APPANNA @ JANI APANA v. THE STATE OF ANDHRA PRADESH

CRLP/5428/2025 · 2025-06-04

T C D Sekhar

body2025

Judgment text

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FIFTH DAY OF JUNE I TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL PETITION NO: 5428 OF 2025 Between : Cr.P.C), praying that I'n the -* czzz2 [3505] 1. Janni Appanna @ Jani Apana, s/o. Madhu, aged about 31 years, R/o. Kuriyalapadu village, Thangjni post, Rallagedda panchaya{, pottangi Block, Koraput DistrI'Ct, Odisha state. 2. Majji Apparao, s/o. Dombhu, aged about 33 years, R/o. Kuriyalapadu vI'IIage, Thangini post, Rallagedda panchayat, pottangi BIock, Koraput District, odisha state. 3. Janni Appanna @ Jani Apana, s/a. Budhuru, aged about 32 years, R/o. KurI'yalapadu village, Thangini post, Rallagedda panchayat, pottangi Block, Koraput Distrl-ct, odl'sha state. PetitI-Oners/Accused No.2,3,5 AND The State ofAndhra pradesh, Rep by I-tS Publl-c prosecutor, High Court ofAndhra pradesh. Respondent petitI'On under Sections 480 & 483 of BNSS (Old SectI'OnS 437 & 439 of clrcumstances stated I-n the affidavit filed I|n support of the criminal petitI-On, the High court may be pleased to enlarge the petI'tiOners/Accused No.2, 3, 5 on bail pending disposal of crI'me No.22/2025 of Pedamanapuram p.s., vI'Zjanagaram District. The petI't[-On COmjng on for heart-ng, upon perus,'ng the petition and the grounds filed in support thereof and upon hearing the arguments of srj ADAPA SUDHAKAR RAO, Advocate for the pet!'±ioners and of PUBLIC PROSECUTOR for the Respondent and the court made the following; E=T-:. T`==`: --=-=_=L i_:I-I: :I I--I_== =s:==--~:_-i: _i_ ORDER: 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 pet'ltiOnerS/Accused Nos.2, 3 and 5 on bail in Cr.No.22 of 2025 of Pedamanapuram Police station, vizianagaram District, registered against the petitioners/Accused Nos.2, 3 and 5 herein and others for the Offence punishable under section 20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and psychotropic substances Act,1985 (for brev|lty [the NDPS Actj). 2. The case of the prosecution, in a nutshell, is that on o3.04.2025, the Sub-Inspector of Pol|lce, along with Staff and mediators, was conducting vehicle checks when they noticed an auto bearing No. AP-39-WA-3203 proceeding towards Komatipalli from Garbham. The Sl of Police stopped the Vehicle With the assistance of her staff. upon stopping, the passengers in the auto attempted to flee, but the sl and her team apprehended them and found 16,1 kg of ganja in the Vehicle. A case was then registered -against the a'ccused. I= k_ rGZfGZ? i, I 3. Heard learned counsel for the petitI-OnerS/Accused Nos.2, 3 and 5 and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Adapa Sudhakar Rao, the learned counsel for the petI-tiOnerS/Accused Mos.2, 3 and 5 submits that the Petitioners/Accused Nos.2, 3 and 5 have not committed any offence; they were falsely implicated by the police in the crime; they are the sole breadwinners; they would abide by any conditions to be imposed by this Court,I and urged to allow the petI'tiOn. 5. Percor,fro, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed the bail application stating that some more material witnesses have to be examined; investigation is not completed; if the petitioners/Accused Nos.2, 3 and 5 are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and urged to dI-SmiSS the bail petition. 6. As seen from the record, the petitioners/Accused Nos.2, 3 and 5 have been in the J-udiCial Custody for the Past 62 days. The Petitioners/Accused Nos.2, 3 and 5 are resident of Koraput District, Odisha State. lf the petitioners/Accused Nos.2, 3 and 5 are enlarged rE5± i on bail with stringent conditions, they would 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 detention undergone by the Petitioners/Accused Nos.2, 3 and 5 in judicial custody for more than 62 days, the nature and gravity of allegation levelled against the petitioners/Accused Nos.2, 3 and 5, and their alleged role in the case, this Court is inclined to enlarge the petitioners/Accused Nos.2, 3 and 5 on bail with the following stringent conditions. 8. In the result, the criminal petition is allowed with the following conditions: i. The petitioners/Accused Nos.2, 3 and 5 s.hall be enlarged on bail subject to executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each, wI-th two Sureties for the like sum each to the satisfaction of the learned Special Judge for Trial of Cases under NDPS Act-Gum-I Additional Sessions Judge, Vizianagaram. ii. The petitioners/Accused Nos.2, 3 and 5 shall appear before the Station House Officer, Pedamanapuram Police Station, V]'zianagaram District, once in a month On every fourth Saturday I'n between 10:00 am and 05.loo pm, till cognizance is taken by the learned the Trial Court. q5ff# a iii. The petitioners/Accused Nos.2, 3 and 5 shall not commit or indulge in commission of any offehce in future. iv. The petI'tiOnerS/Accused Nos.2, 3 and 5 shall cooperate With the investigating offI®Cer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. v. The petitioners/Accused Nos,2, 3 and 5 shall not, directly or indirectly, make any inducement, threat Or Promise tO any Person a'Cquainted With the facts Of the case so as to dissuade him/her from disclosing such facts {o the court or to any police officer. //TRUE COPY// F( A e-- Sc!/" (3. HEL^A ENA§aF_±ELj ASS!SErANT BET S 1-F€ fig. ,iFat SECT!ORE C}Fi='iGER To) I 1. The Special Judge for Trial of Cases under NDPS Act-Gum-I Additional Sessions Judge, Vizianagaram. 2. The Superintendent, central JaI'l, Visakhapatnam 3. The Station House Officer, pedamanapuram p.s., vizl-anagaram DI'StriCt 4. One CC to SRl. ADAPA SUDHAKAR RAO Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAP [OUT] 6. One spare copy KJ \.-_-------v--_-------_`_ ` \ +- HIGH COURT TCDS,J DATED : 05/06/2025 BAIL ORDER CRLP.No.5428 of 2025 ALLOWED