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2025 DAILYLAW 20894 (AP)

CHIMMA ABHISHEK v. THE STATE OF ANDHRA PRADESH

CRLP/6015/2025 · 2025-06-25

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3521 I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY ,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 6015 OF 2025 Between: Chimma Abhishek, S/o. Madhukar, aged about 24 years, R/o. Door No. 12- 01-165, Kummara Veedh'l, Asif Nagar/ hyderbad, Telangana State Presently Residing Nagarbhvi Village, Papireddypalya Area, Bengaluru, Karnataka State, Aadhar No. 692162890795 Petitioner/Accused -2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. Respondent/Complainant petition under sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances Stated in the affidavit filed in support of the criminal petition, the High Court may be pleased to release the petitioner/Accused -2 on bail in Cr.No 283/2024 of Airport Police Station, visakhapatnam city, under section 20(b)(|li)(B) R/w 8© NDPS Act 2023 dated 19-08-2025 couNSEL FOR THE PETITIONER : SRl. KAKUMANU JOJI AMRUTHA RAJU couNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER THURSDAY ,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6015/2025 Between : Chimma Abhishek AND The State Of Andhra Pradesh counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: [3521] ...PETITIONER/ACCUSED ."RESPONDENT/COMPLAINANT ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ithe BNSS]), seeking to enlarge the petitioner/Accused No.2 on bail -ln Cr.No.283 of 2024 of Airport police station, visakhapatnam city, registered against the pet-ltioner/Accused No.2 here'ln for the offence Punishable under Section 8(c) read with 20(b)(ii)(c) of Narcotic Drugs and PsychotroPiC Substances Act,1985 (for brevity lthe +:.`. | EEE i gLI H \|¢ NDPS Act"). 2. The case of the prosecutI'On, in a nutshell, is that on 19.08.2024, as per credible ]'nformatI'On, the S.I. of Police along with hI'S Staff and the mediators rushed to Marripalem Railway StatI'On and found two male persons and one female person in possession and transportation of 3 packets totaling 3.5 kgs of ganja, and they tried to flee on seeing the police, Then the s.I. of police caught hold of accused and the accused no.2 was sent to judicial custody on 26.03-2025- 3. Heard, learned counsel for the petitioner and the learned Assistant Public Prosecutor. perused the record. 4. Sri Kakumanu Joji Amrutha Raju learned counsel for the petitioner, submits that the petitI-Oner has not commI-tted any offence; the petitioner is l'nnocent,I the petitI'Oner Was falsely I'mPIicated,- he would abide by any conditions to be imposed by this court and urged that the petitioner be enlarged on bail. 5. On the other hand, Ms.P.Akila Naidu, learned Assl'stant Public Prosecutor, opposed in granting of bail stating that the investigation Its not COmPleted; if the petitioner is enlarged on bail, he would not be avaI'lable for the investigation and urged to dismiss the bail petition. 6. Taking into consideratl'on the fact that the petitI-Oner has been in judicial custody for the past 92 days, the alleged contraband recovered was only 3.5 kgs of ganja, custodial interrogation of the petitioner l's not requI'red, the major part of "---- . the investigation is completed, there is no scope for the petitioner to interfere in -` -`.` `--------` ( the investigation, the nature of the allegations levelled against the petitioner in ~)7*V-.~_I+ the complaint and the specific role played by the petitioner, this Court is inclined to enlarge the petitioner on bail with strict conditions. 8. ln the result, the criminal Petition iS allowed With the fOllOWing COnditiOnS: i) The petitioner/accused No.2 shall be enlarged on bail subject to the executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum each to the satisfaction of the learned I Additional District & sessions Judge-Special Judge for Trial.of Offences under NDPS Act, Visakhapatnam. ii) The pet'ltioner/accused No.2 shall appear before the Station Airport Police Station, Visakhapatnam C-lty, on Saturday once in two weeks in between 10:00 am and O5:00 pm., till the conclusion of the Trial. iii) The petitioner/accused No.2 shall not directly or indirectly influence or threaten or meet the witnesses includ-lng the de- facto complainant. //TRUE COPY// sD/- N.NAGAMMA .ASSISTANT REGISTRAR SECTION OFFICER ' To71 The I AddltlOnal DlstrlCt & SesslOnS Judge-SpeClal Judge for Trlal of OffenCeS under NDPS Act, V'lsakhaPatnam 2. The superintendent, Central Prison, VisakhaPatnam I_, _1!__ \,:^^L,hanatnam C-Itv Lt=llu,LIL, `,_.__ House Officer, AIrpori Police Station, VisakhaPatnam C'lty SRL KAKUMANU JOJI AMRUTHA RAJU Advocate [OPUCI PUBLIC PROSECUTOR, High Court Of A.P[OUTl 3. The Station 4..One CCto 5. TwoCCstO 6| One spare COPY .,Z a I HIGH COURT DR.YLR,J DATED..26/06/2025 BAIL ORDER CRLP.Nol6015 of 2025 ALLOWED R