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2025 DAILYLAW 20795 (AP)

Marri Prakash @ Marri Nagaraju, v. The State of Andhra Pradesh

CRLP/5989/2025 · 2025-07-02

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

isr , \-'4` IN THE HIGH COURT-OF ANDHRA PRADESH AT AMARAVATI JT, THURSDAY, THE THIRD DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 5989 OF 2025 ;`i?I.>.l= I:tf'+ i,+ Betwee n : Marri Prakash @ Marri Nagaraju, S/o. Kusunu @ Marri Kusino, aged about 21 years, R/o. Pothurajugummala Village, Bennavaram Panchayat, Chinthapalli Mandal, Al[uri Sitharama Raju District. Petitioner/Accused No.2 AND The State ofAndhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 437 & 439 of Cr.P.C/ 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may. be pleased to enlarge the Petitioner/Accused No.2 on bail pending disposal of Crime No.1068/2020 of Chodavaram P.S., now Anakapalli District. The petition coming on for hearing, upon perusing the Petition and the affidavI-t filed in Support thereof and upon hearing the arguments Of Sri. GOLLAPALLI MAHESWARA RAO Advocate for the Pet-ltioner and of PUBLIC PROSECUTOR for the Respondent; The Court made the following ORDER: APHCO10292982025 EFffiE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3327] PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY Between: CRIMINAL PETITION NO: 5989/2025 1.MARRI PRAKASH @ MARRI NAGARAJUH S/O. KUSUNU @ MARRI KUSINO, AGED ABOUT 21 YEARS, R/O. POTHURAJUGUMMALA VILLAGE, BENNAVARAM PANCHAYAT, CHINTHAPALLI MANDAL, ALLURI SITHARAMA RAJU DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh. u.RESPONDENT/COMPLAINANT Petition under section 437/438/439/482 of Cr.P.C and 528 of BNSS Praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the Petitioner/Accused No.2 on bail pending disposal of crime No.1068/2020 of Chodavaram p.s., now Anakapalli District Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal PetitI-On, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A2, E\ ,~ if=------i] 2 seeking bail, in crime -ho.1068/2020 of Chodavaram Police Station, Anakapalle District. 2. A case has been registered against the petitioner and others for the offence under Sectl'on 20(b)(ii)(C) read with 8(c) of the NarcotI'C Drugs and Psychotropic Subs-lances Act. 3. Case of the prosecution, I'n brief, iS that, On 12.10.202O at about 10.00am., on receipt of credible information regardI'ng illegal possession and transportation of ganja, the S.I of Police, along with staff and mediators, rushed to Gajapathinagaram Junction and started conducting vehicle checking. At that time, they found two persons comI'ng in a Car. On seeing polI'Ce, the inmates l'n the car stopped the car and tried to escape. Then police apprehended one person while the other escaped. on interrogation, he disclosed his identity particulars as Al and police seized 188 kgs of ganja from his possession. He confessed the involvement of A2 in transportation of the ganja. Police seized the contraband, arrested the accused and got him remanded to judicial custody. Police arrested the petitioner on 13.3.2025 and since then the petitioner is in J'udiCial remand. 4. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of the respondent-state. perused the record. 5. Learned Assistant PublicProsecutor submits thatthe Court may pass appropriate orders. _.-,,--,r , t`± *_±g 3 6. A perusal of the material avaI'lable on record goes to show that the petitioner was arrested and remanded to judicial custody on 13.3.2025. police on credI-ble informatI'On Seized 188 kgs of ganja from the other accused. pursuant to the confessI|Onal statement of co-accused, the petitioner was arrested. No incriminat['ng material has been seized from the petitioner to connect the petitl'oner with the crime. Basing on the confessional statement of co-accused, the petitioner has been arrested and remanded to judicial custody. 7. In view of the aforesaid facts and cI-rCumStanCeS Of the case, this court is inclI-ned tO grant bail to the petitioner/A2 herein, on the following condjtI'OnS. (i) The petitioner/A2 hereI-n Shall be released on his executing a personal bond for Rs.10,000/-(Rupees ten thousand 'only) with two sureties for a like sum each to the satjsfactI-On Of the learned I Addjtl-onal District and sessions Judge-Gum-specI'aI Judge for Trial of Offences under the NDPS Act, Visakhapatnam,I (ii) on release, the petjtI-Oner Sha" appear before the station House officer concerned once I-n a Week i.e. on every Sunday between 10.00 a.m. and 05.00 p.m., till filing of charge sheet. 8. Accordingly, the criminal Petition js allowed. //TRUECOPY// I ASsS-:S:+Ti[O##i¥c:fiET:RRAR Jj SD/-M.SRiNi-V-A§ -=>`:=TrF\i=\| I. To, 1. The I Add-ltional District & Sessions Judge -Special Judge for Trial of offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Ofrlcer, Chodavaram Police Station, Anakapalli District. 4. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh, Amaravati. [OUT] 6. One spare copy JSS I- \ HIGH COURT SRK, J DATED : 03/07/2025 BAIL ORDER CRLP.No.5989 of 2025 ALLOWED #yc\l^