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2025 DAILYLAW 20489 (AP)

ULLI KONDA BABU v. THE STATE OF ANDHRA PRADESH

CRLP/5929/2025 · 2025-06-24

Y Lakshmana Rao

body2025

Judgment text

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\\ \`v IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATI WEDNESDAY, .THE TWENTY FIFTH DAY OF JUNE, TWO THO-USAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHIVIANA RAG CRIMINAL PETITION NO.- 5929 OF 2025 Between : ulli Konda Babu, s/o. vepanna, aged about 48 Years, R/o. V.KodapaIIi Village, Beeram panchayat of G.Madugula Mandalam, Alluri Seetharam Raju Dl'strict . . I Petitioner/Accused-4 AND The State of Andhra pradesh, Rep. by I-tS Public Prosecutor, High Court of JudI'Cature of Andhra pradesh at Amaravati. ...Respondent/Complainant PetitI'On under Section 480 & 483 of BNSS, 2023 ,-s filed praying that in the cI'rCumStanCeS Stated I-n memorandum Of grounds Of Criminal Petition, the HI-gh Court may be pleased to release the petitioner/Accused- A4 on baI-I jn Cr.No.304 of 2024 of Anakapam Rural Police Station, Anakapalli District (Formally Known as Visakhapatnam DistrI-Ct) under section 20(b)(ii)(c), 25 I/w 8(c) dated 03.12.2024; memolahnedup:tltloofn gcrooTInndgs OnoffOcrrlhmelanr::g;eut:I:Onn PearnudSlnugp:hne hPee:lrtllnogn :hne: #? arguments of Sri Kakumanu Joji Amrutha Raju, Advocate for the petitioner and Public prosecutor for the Respondent, the Court made the following; RDER.. The Criminal PetitI-On has been fI'led 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 NagarI-k Suraksha Sanhita, 2023 (for brevity £the BNSS'), seeking to enlarge the petitioner/Accused No.4 on bail in Cr.No.304 of 2024 of AnakapaIIi Rural Police Station, AnakapaIIi DistrI'Ct, I ='9 \_----- iii± - i. i'\ \` I. 2 Dr. YLR, J crl.p.No.5929 of 2025 Dated 25.06.2025 || registered against the petitioner/Accused No.4 herein for the Offence punishable under section 20(b)(ii)(C), Section 25 read With 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity lthe NDPS Act'). 2. The case of the prosecution is that On 03.12.2024, the Sub-Inspector of police, Anakapalli Rural Police S'tation, on receipt Of Credible information regarding the illegal possession and transportation Of ganja, Secured the presence of mediators, inspected the vehicles, and found the petitioner and other accused in possession of 100 KGs of Ganja contained in five gunny bags, which were seized under a mediators' report, and arrested them. 3. Sri Kakumanu Joji Amrutha Raju, the learned counsel for the petit'loner, submits that the petitioner has not committed any offence; he is falsely implicated in this case; he is sole breadwinner Of his family; he iS ready to abide any conditions to be imposed by this Court; and urged tO enlarge the petitioner on bail. 4. Per confra, Mr.Neelotphal Ganji, the learned Assistant Public prosecutor, submits that the petitioner was found in possession of 100 KGs of Ganja, which is a commercial quantity. However, i{ iS Submitted that the petitioner was 'lnvolved in another similar crime, i.e., Cr.No.24 of 2012, and urged to dismiss the bail application, I- a-L- _J ``-_ & 5. Perused the record. Dr. YLR, J crl.p.No.5929 of 2025 Dated 25.06.2025 6. As seen from the record, the petitioner has been in the judicial custody for the past 204 days, 7. Keeping into consideration the number Of days the Petitioner has /y, been ln JudlC[al Custody, the nature Of the allegat[OnS levelled aga]nSt hlm' trst¥%apat#&_ and his alleged role in the case, this Court is inclined tO enlarge the petitioner on bail with certain stringent conditions. 8. This Court is of the opinion that if certa-ln Str|lngent COnditiOnS are imposed on the pet'ltioner for securing his presence before the learned Trial Court for trial, the interest of justice WOuld be met. 9. ln the result, the Cr|[minal Petition is allowed with the following conditions: i. The petitioner/A-4 shall be enlarged on bail subject tO he executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties for the like Sum each tO the satisfaction of the learned xl[l Add'lt-lonal Metropolitan Mag'lstrate, Anakapalli. 'li. The pet'ltioner/A-4 shall appear before the Station House officer, Anakapalli Rural Police Slat-Ion, Anakapalli Distri-ct, On 4 Dr. YLR, J Crl.P.No.5929 of 2025 Dated 25.06.2025 every Saturday in between 10:00 am and 05:00 pm, till the conclusion of the Trial. iii. The petitioner/A-4 shall not leave the limits of the District without prior permission from the learned XIII Additional Metropolitan Magistrate, Anakapalli. iv. The petitioner/A-4 shall not commit or indulge in similar offences in future. v. The petitioner/A-4 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him. SD/-N.NAGAMMA //TRUE COPY// F{ Toll The Xlll AddltlOnal MetrOPOlltan MaglStrate, AnakaPalll 2 The Speclal Judge for Trlal Of Cases under NDPS Act-Gum-I Additional Sessions Judge, VisakhaPatnam. 3: Tnhu='=-u'i-e-rl+tendent, Central PrlsOn'nY=l=.k^+aDPha\:.=e=ms' 4 The Station House Officer, AnakaPalll Rural Police StatiO" AnakaPalll Dlstnct (Formally known aS VlsakhaPatnam District) 5 One CC to Sn Kakumanu JoJI Amrutha RaJu, Advocate [OPUCl 6 Two CCs to PubllC Prosecutor, Hlgh Court Of AP [OUT] 7. One SPare COPY MM HIGH COURT Dr.YLR,J DATED:25/06/2025 ORDER CRLP.No.5929 of 2025 ALLOWED _. 4^r,`+f}.`l 'I`\Y.i1 ' \ i.