Research › Search › Judgment
High Court of Andhra Pradesh · body
2025 DAILYLAW 20867 (AP)
KIMUDU BANGARAYYA v. THE STATE OF ANDHRA PRADESH
CRLP/6019/2025 · 2025-07-08
T Mallikarjuna Rao
body2025
[ 2025 DAILYLAW 20867 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 20867 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
.==e3.--- .---i. t| IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RA CRIMINAL PETITION NO: 6019 OF 2025 Between ]| tr, ` . `= -m- / `1-4T*,qaS*`t` - .,=`'\-.` J| .| I . \ r ...-:Ii '}, Kimudu Bangarayya, s/o. Balayya Padal, aged about 43 Years, R/o. Vanchurbha village,Bongaram panchayathi, pendabayulu MandaI, Alluri Seetha Rama RaJ-u DI-Strict Petitiorler/Accused-2 AND The State OfAndhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. .I. Respondent/Comp[ainant Petition under section 480 & 483 of BNSS 2023 is fl-led, praying that in the circumstances stated in the affidavit fI-led in Support Of the Criminal Petition, the High Court may be pleased to release the petitioner/Accused-2 on bail in Cr. No. 04 of 2025, of Hukumoeta police Station, AIIuri Seetharama Raju District under section 111 (2) BNS 2023, 20(b)(ii) ©,25 r/w8© of NDPS Act 1985 dated 10-01-2025. The petition coming on for hearing, upon perusing the petI-lion and the affidavit filed in support thereof and upon hearing the arguments of SRI KAKUMANU JOJI AMRUTHA RAJU Advocate for the petitioner, Assistant public Prosecutor for the respondent the court made the following.
ORDER
- 3__:.-F=±/ \ -aei
ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A2, seeking bail, in Crime No.4/2025 of Hukumpeta Police Station, AIIuri SItharama Raju District.
2. The above said crime was registered against the petitioner/A2 herein and others for the offences punishable under Sections 111(2) of the B.N.S, under Sections 20(b)(ii)(-C), 25 read with 8(c) of the Narcot'lc Drugs and Psychotropic Substances Act, 1985 (for short {the NDPS Act]).
3. The case of the prosecution, in brief, is that on 10.01.2025 at about ll.30am, on credible information regarding illegal possession and transportation of ganja, the S.I. of police, along with staff and mediators, rushed to Konthili junction, Hukumpeta Mandal and found four persons in suspicious circumstances. On observing police, said two persons tried to escape. Then police apprehended two of them and on enquiry, they disclosed their identity particulars and police found 160 Kgs of ganja in their possession. The contraband, along with other material, was seized under the cover of mediators report and the accused Nos.3 and 4 were arrested and remanded to judicial custody on 10.O1.2025. They also confessed about the other accused. The petitioner herein/A2 has been in judicial remand since 03.4.2025. -=z*
(zA `'
4. Learned counsel fortha Petitioner contended that On the confession of the co-accused, the petitioner was arrested on 03.4.2025 and since then he has been in judicial custody. Learned counsel for the Petitioner also submits that this court granted bail to A4 v,'c}e Crl.P.No.6016 of 2025 and prays to enlarge the petitioner on bail.
5. On the other hand, learned Assistant Public Prosecutor confirms non-filing of charge sheet by the police and opposed for grant of bail to the petitioner.
6. Heard both sides. Perused the entire material On record.
7. Considering the SubmiSS-Ions and On Perusal Of the material On record, this court has carefully gone through the material placed on record. The m;diators report Shows that the Case Came tO be registered against the petitioner basing on the confession of co-accused and no 'lncriminating material has been collected tO Show the involvement Of the petitioner in the commission of offence and also considering the
submissions made by the learned Assistant Public Prosecutor that according to his instructions no antecedents have been reported aga'lnst the petitioner and also the petitioner iS a Permanent resident Of Bongaram panchayat, there is no credible apprehension of him fleeing away from justice. Additionally, since most of the Witnesses are Official Witnesses, the release of the petitioner wouldl not impede the investigation or tamPer with the evidence. Hence, considering the nature Of allegations, this Court S=- t==p -._=-
feels that further detention of the petitioner is not required. ln the said
facts of the case, this Court is inclined to grant bail to the petitioner.
10. ln the result, the criminal petition is allowed with the following conditions: i. The petitioner/A2 herein shall be released on bail on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned I Additional District & Sessions Judge-Gum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam; and ii) After release, the petitioner shall appear before the Station House Officer concerned, on every Sunday between 10.00am to 05.00pm, till filing of charge sheet.
Sd/- K.TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER
1. The I Additional District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act: Visakhapatnam.
2. The Superintendent, Central Prison, Visakhapatnam.
3. The SHO, Hukumpeta Police Station, AIluri Sitharama Raju District.
4. One CC to SRI. KAKUMANU JOJI AMRUTHA RAJU Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh.[OUT]
6. One spare copy K_f=R
HIGH COURT TMR, J DATED : 09/07/2025 BAIL ORDER CRLP.No.6019 of 2025 ALLOWED I:.-.'=: ``=i:''-:*fu-*. I5\ *1 r2 fyas