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2025 DAILYLAW 20212 (AP)

BATHIRI RAJENDRA PRASAD @ KUDA RAJENDRA PRASAD v. THE STATE OF ANDHRA PRADESH

CRLP/5901/2025 · 2025-06-24

Y Lakshmana Rao

body2025

Judgment text

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\ I \ ~\.\ rEi€ IN THE HIGH COURT-OF ANDHRA PRADESH AT __-. I-JL \ / -I AMARAVATl I ||-I .-_ WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE, TWO THOUSAND AND TWENTY FIVE ~ u7RESENT: u, THE HONOURABLE DR JUSTICE Y. LAKSHMANA R cR[rvllNAL PETITION NO.. 5901 OF 2025 ut~ Between-. Bathiri RaJendra Prasad @ Kuda RaJendra Prasad, S/o Narayana, Age 28 .-.,--, years, KarugOnda Vlllage, Gomangi Panchayat, Pedabayalu Mandal ut ...petitioner/Accused No.3 l~ AND L. -.-. The State of Andhra PradeSh, (HukumPeta Pol'lce Station) Rep. by the public prosecutor High Court Of Andhra PradeSh AmaraVati, Guntur District. ~ ...Respondent/Compla-lnant petition under section 480 & 483 of BNSS. 2O23 is filed Praying that •of V in the circumstances stated in memorandum of grounds of criminal petition, the High Court may be Pleased tO direct release Of the petitioner/A-3 on Bail Pending enquiry and trial in COnneCtiOn With Crime J/ L,,, coming on for hearing, upon perusing the petition and grounds of criminal petition and upon hear'lng the ArrabOluts€ai Naveen, Advocate for the Petitioner and for the Respondent, the Court made the fOllOW'lng; `viZ No.115 of 2024 of HukumPeta Police Station', The petition memorandum of arguments of Sri public Prosecutor ORDER.. The Criminal Petit`ion has been filed under Sections 437 and 439 of the code of criminal procedure, 1973 (for brevity [the Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking tO enlarge the Petitioner/Accused No.3 on bail in a,td I a-3 ¢-,-i- / Dr. YLR, J +., Crl.P,No.5901 of2025 ~- Dated 25.06.2025 i=+-th. cr.No.115 of 2024 of Hukumpeta poll-Ce Station, ASR DI'StrI|Ct, regI-Stered against the petitI'Oner/Accused No.3 herein for the offence punl|shable under section 111(2) of fthe BNSJ, 20(b)(ii)(B), and section 25 read wI'th 8(c) of the Narcotl-c Drugs and psychotropI-C Substances Act, 1985 (for brevity lthe NDPS Act]). 2. The case of{he prosecution is that on 18.04.2025, the Sub-Inspector of poll'ce, Hukumpeta police station, on receipt of credl-ble I'nformatl'On about the possession and transportation of Ganja illegally, secured the presence of mediators and inspected the vehI-CleS and found the petjtI'Oner and other accused in possession of 10 KGs of Ganja I'n two luggage bags with on auto EngI-ne No.BBZWED13215, Chassis No.MD2A41AZOEWDO7858, LAVA black colour key pad lMEI No.352797485762699 & 352797485762762707 SIM No.9659833980, and seized them under a medjators' report and arrested them. 3. Srj Arrabolu Sat- Naveen, the learned counsel for the petl-tl'oner, submits that the petjtI|Oner has not committed any offence,I he js falsely implicated jn this case,- he is sole breadwinner of his family,I he is ready to abide any conditions to be imposed by thl's court,I and urged to enlarge the PetI'tl'Oner on bail. 4. Per confra, Mr.Neelotphal GanjI-, the learned Ass,'stant Public prosecutor, submits that the petI't,-Oner was found in possession of 10 KGs t.`=-I `-i+ - 3 Dr. YLR, J crI.P.No.5901 of 2O25 Dated 25.06.2025 ~| of Ganja, which is not commercial quantity. However, it is Submitted that there are no adverse antecedents aga-lnst the petitioner, and requested to pass appropriate orders. 5. Perused the record. 6. As seen from the record, the Petitioner has been -ln the judicial custody for the past 68 days. The learned Assistant Public Prosecutor fairly conceded that there are no adverse antecedents against the petitioner. 7. Keeping into cons'lderation the number Of days the Petitioner has been in judicial custody, the nature of the allegations levelled against him, and his alleged role in the case, this court is inclined to enlarge the pet'ltioner on ba-[I with certain stringent conditions. EESE |\'\ 8. This Court is of the opinion that if Certain Stringent COndit'lOnS are imposed on the petitioner for securing his presence before the learned Tr-lal court for trial, the interest of justice would be met. 9, ln the result, the Criminal Petit-IOn iS allowed With the following conditions: i. The pet-ltioner/A-3 shall be enlarged On bail Subject tO he executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two Sureties for the like Sum each tO the t\ \_ iE= 4 Dr. YLR, J Crl.P.No.5901 of 2025 Dated 25.06.2025 satisfaction of the learned Judicial First class Magistrate, f| Paderu. ii. The petitioner/A-3 shall appear before the Station House OffI'Cer, Hukumpeta Police Station, ASR District, on every Saturday I-n between 10:00 am and 05:00 pm, till the conclusion of the Trial. iii. The petitioner/A-3 shall not leave the limits of the District without prior permission from the learned Judicial First Class Magistrate, Paderu. I-V. The petitioner/A-3 shall not commit or indulge in sl'milar offences in future. v. The petitioner/A-3 shall cooperate with the investigating officer I|n further irlVeStigatiOn Of the Case and Shall be available to the investigating officer as and when called by him. Sd/I M.Prabakar Rao ASSIS //TRUE COPY// T#GISTRAR giv79 SECTION OFFICER To, 1. The Judicial First class Magistrate, Paderu. 2. The I Additional District & Sessions Judge, Visakhapatnam. 3. The Superintendent, Visakhapatnam Central Prison, Visakhapatnam District. 4. The Station House Officer, Hukumpeta Police Station, Alluri Sitharamaraju District. 5. One CC to Sri. Arrabolu Sai Naveen, Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court ofAP [OUT] 7. One spare copy J|AA A •| . I I/ HIGH COURT Dr.YLR,J DATED:25/06/2025 ORDER CRLP.No.5901 of 2025 ALLOWED _---.-..I-i.t2J..=---_~`'|. i.-F.--i=:-`=dr.--`-l``lr