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2025 DAILYLAW 20486 (AP)

Kamma Aravind Kishore @ Kamma Aravind, v. The State of Andhra Pradesh,

CRLP/5972/2025 · 2025-06-24

Y Lakshmana Rao

body2025

Judgment text

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` lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5972 OF 2025 Between : Kamma Aravind Kishore @ Kamma Aravind, S/o. Kamma Sri Rama Rao, Aged about 39 years, Occ: Business, R/o. D.No: 1-46-3/3, Konevari Street, 30th Ward, Geetha Mander Opposite Tadepalligudem, West Godavari District -534101. ...Petitioner/Accused No.6 AND The State of Andhra Pradesh-;:JteP by its Public Prosecutor, High Court of I Andhra Pradesh At Amaravath~i-',-Guntur District. i I I ..IRespondent/Comp]ainant Petition under Section 480 & 483 of BNSS, 2023, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be`pleased to enlarge the Petitioner/Accused No.6 on Bail in Crime No.51 of 2025 registered on 09.02.2025 on the file of the Tadepalligudem Town Police Station, West Godavari District. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri K.Rama Koteswara Rao,I Advocate for the Petitioner and of Public Prosecutor for Respondent, the;`Coljrt made the following f' APHCO10287432025 EiIHT lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special original Jurisdiction) WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITIO N NO: 5972/2025 I?521] Betwee n : Kamma Aravind Kishore @ Kamma Aravind, H.PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1. K RAMA KOTESWARA RAO counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR H.RESPONDENT/COMPLAI NANT The Court made the following: 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 petitioner/Accused No.6 on bail in Cr.No.51 of 2025 of Tadepalligudem Town Police Station, West Godavari District, registered against the petitioner/Accused No.6 herein for the Offence Punishable under Section 8(c) 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act,1985 (for brevity {the NDPS Act"). r- --..``` tv 2. The case of the prosecution, in a nutshell, is that on 09.02.2025, at approximately 3:00 PM, A.1 and A,.2, having addicted to ganja, decided to engage in the illegal trade of ganja. They contacted A.6, who was aware that ganja was available at a low price on the Andhra-Orissa border in the Visakhapatnam agency area. A.6 provided A.1 and A.2 with Rs. 36,000/-and instructed them to procure 12 kilograms of ganja with the intention of selling it at a higher price. A.1 and A.2 went to the mentioned location, purchased the 12 kilograms of ganja, and subsequently received instructions from A.6 through lnstagram. A.6 directed them to deliver 2 kilograms of ganja each to A.3, A.4, and A.5 at the railway station goods shed road, 1 kilogram for both A.1 and A.2, and 4 kilograms to himself (A.6). However, during the execution of these instructions, the police apprehended A.1, A.2, A.3, A.4, and A.5. They seized a total of 13.288 kilograms of ganja, under the cover of the mediatorJs report. A.6 was absconding but later surrendered and was sent to judicial custody on 13,05.2025 3. Heard, learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri K. Rama Koteswara Rao, learned counsel for the petitioner, submits that the petitioner has not commit.ted any offence; the petitioner is innocent; the petitioner was falsely implicated; he would abide by any conditions {o be imposed by this court. The petitioner has also approached the HonJble Supreme Court by \-- filing SLP (Criminal) N``edo. 6063 of 2025. The Hon'ble Supreme Court was pleased a..f ro E_I,TfL r to dispose of the SLP (Criminal)'No. 6063 of 2025, giving liberty to the petitioner to approach this court seeking bail, and urged that the petitioner be enlarged on bail. i\ 5. On the other hand, Sri Neelotphal Ganji, learned Assistant Public I prosecutor, opposed in grantI'ng Of bail Stating that the investigation iS not completed; if the Petitioner iS enlarged On bail, he WOuld not be available for the investigation and would escape from the clutches Of law; and urged tO dismiss the bail petition. 6. In view of the nature Of the allegations levelled against the petitioner in the complaint, the specifl-c role played by the petitioner, and the period of detention undergone by him in judicial custody, this Court is inclined to enlarge the petitioner on bail with strict conditions. 8. In the result, the criminal Petition iS allowed With the following conditions: i) The petitioner/accused No.6 shall be enlarged on bail subject to the executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two suret|les each for the like sum each to the satisfaction of the learned I Additional Junior Civil (Junior Division) Tadepal]igudem. ii) The petitioner/accused No.6 shall appear before the Station House Officer, TadepaIIigudem Police Station, West Godavari District on Saturday once in two weeks in between 10:00 am and o5:00 pm., till the conclusion of the Trial. I E= v' I iil') The petitioner/ac.cused No.6 shall not directly or indirectly influence or threaten or meet the witneeeae inrlllrlim the de_ facto complainant. //TRUE COPY// SD/- G ASSJSTA N :LANAJDU 59/STRAR \.. | To, | >i ;i \v, .~\€'.I.- 1. The I Additional Civil Judge(Junior Division), Tadepalligudem, West Godavari District. 2. The Superintendent, Tanuku Sub-Jail, West Godavari District. 3. The Station House OffI'Cer, Tadepalligudem Town Poll-ce Station, West Godavari District. 4. One CC to Sri K.Rama Koteswara Rao, Advocate [OPUC] 5. Two CCs toPUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] 6. One spare copy. PSD \ HIGH COURT DR.YLR,J DATED :25/06/2025 BAIL ORDER CRLP.No.5972 of 2025 ALLOWED -.I,? .''\- \