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2025 DAILYLAW 20050 (AP)

KODE SURYA GANESH @ JELLI v. THE STATE OF ANDHRA PRADESH

CRLP/5817/2025 · 2025-06-11

T C D Sekhar

body2025

Judgment text

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY, THE TWELFTH DAY OF JUNE, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE I.C.D.SEKHA CRIMINAL PETITION NO.I 5817 OF 2025 :-`-~,=i=;f.g.-I.,'`, I; ,;.:I'=a3 /r- Between : 1. Kode Surya Cane;h @ Jelli, S/o Siva Urmila Rao, O a)a R/o D.No.ll-211/a, Near Mosque, Polakampadu, Tad m C1 ® -. '.¢??r' .a,d'a I I Guntur District, Andhra Pradesh. 2. Mallisetti Anil, S/o Srinivasa Rao, S/o Aged 25 years, R/o Near CPM party Office, Undavalli Center, Tadepalli Mandal, Guntur District, Andhra Pradesh. 3. Kallam Anil Reddy, S/o Sanjeeva Reddy, Aged 30 years, R/o Near Canara bank, Penumaka Village, Tadepalli Mandal, G.untur District, Andhra Pradesh. ...Petitioners/Accused No.A2, A3 & A4 AND The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, (Tadepalli Police station) Guntur District, Andhra Pradesh. ...Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C,1973 r/w Under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to grant bail to the petitioners/accused No.2, 3 and 4 beg to present this Memorandum of Criminal Petition to enlarge the petitioners on bail in Crime No.204 of 2025 on the file of Tadepalli P.S, Guntur District; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Chetan Ponnuru, Advocate for the Petitioners and Public Prosecutor for the Respondent; ..i. -.=`--i:i.\`_ i{:.:+.:i:££>if THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR CRIMINAL PETITION NO 5817 of 2025 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS'), seeking to enlarge the petitioners/Accused Nos.2 to 4 on bail in crime No.204 of 2025 of Tadepalli Police Station, Guntur District, registered against the petitioners/Accused Nos.2 to 4 herein and another for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity [the NDPS Act'). 2. The case of the prosecution, in a nutshell, is thaton receiptof credible information about selling of Ganja, on 17.04.2025, the Inspector of Police, along with staff and mediators, apprehended Al to A3 and A4 escaped from the scene and found 4 Kgs of ganja. A case was then registered against the accused. 3. Heard learned counsel for the Petitioners/Accused Nos.2 to 4 and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Chetan ponnuru, the learned counsel for the petitioners/Accused Nos.2 to 4 submits that the Petitioners/Accused Nos.2 to 4 have not committed any Offence; they Were falsely \-`_ r-~- i -. S> implicated by the police in the crime; they are the sole breadwinners; they would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5, Per co"ira, Ms. K.Priyanka Lakshmi, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioners/Accused Nos.2 to 4 are enlarged On bail, they would not be available for the investigation and they WOuld escape from the clutches of law,I and urged to dismiss the bail petl'tion] 6- As seen from the record, the petitioners/Accused Nos,2 to 4 have been in the judicial custody from 17.04.2025, The petitioners/Accused Nos.2 to 4 are resident of Guntur District. lf the petitioners/Accused Nos.2 to 4 are enlarged 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 pe{I-tiOnerS/Accused Nos.2 to 4 in judicial custody, the nature and gravity of allegation levelled against the petitioners/Accused Nos.2 to 4 and their alleged role in the Case, this Court -ls inclined to ` I_ -, l|---p dl`, enlarge the petitioners/Accused Nos.2 to 4 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 to 4 shall 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 Additional Judicial First CIass Magistrate Gum Civil Judge (Junior Division) at Mangalagiri. ii. The petitioners/Accused Nos.2 to 4 shall appear before the Station House Officer, Tadepalli Police Station, Guntur District, once in a month on every fourth Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.2 to 4 shall not commit or l'ndulge in commission of any offence in future- iv. The petitioners/Accused Nos.2 to 4 shall cooperate with the investigating officer in further investigation of the case and shall make themselves avaI-table for interrogation by the investigating Officer aS and when required. `..---.---.. iEIiE v. The petitioners/Accused Nos.2 to 4 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 disclosI'ng Such facts to the court or to any polI'Ce Officer. sD/- K.SRINIVASA RAJU ISTRAR ASSI-STANT //TRUE COPY// Fo s ISTANTasSTR SECTION OFFICER ToJ 1. The Additional Judicial First class Magistrate Gum civil Judge (Junior DivI-SiOn) at Mangalagiri. 2. The Superintendent, sub-JaI-I, Guntur. 3. The Station House OffI'Cer, TadepaIII-Police Stall-On, Guntur District. 4. One CC to Sri. Chetan Ponnuru, Advocate [opuc] 5. Two CCs to Public Prosecutor, High Court ofAP [OUT] 6. One spare copy MM \.- I lsl ` __--., \ HIGH COURT TCDS)J DATED:12/06/2025 ORDER CRLP.No.5817 of 2025 ALLOWED