Dwara Prakash @ CTRI Panthulu @ Panthulu, v. The State of Adhra Pradesh
CRLP/6292/2025 · 2025-07-08
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21639 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21639 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR |1 WEDNESDAY, THE NINTH DAYOF JULY, #+:
TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA`dhe! CRIMINAL PETITION NO: 6292 OF 2025 Between :
1. Dwara Prakash @ CTRI Panthu]u @ Panthulu, S/o.Srinu, Age 32 years. CITurupu Kapu, Near Sarangadharametta, Barma Colony, Rajamahendravaram.
2. Polarapu Prasad @ Manga'¢T+Baju, S/o.Managa Raju, Age 26 years Somalamma Temple, Gubel,`peta, Rajamahendravaram ...Petitioners/Accused No.7 & 9 'iAND The State of Adhra Pradesh, through the Station House Officer, Ill Towh L & O P.S, Rajamahendravaram East Godavari District, Represented by Public Prosecutor, High court of Andhra Pradesh ...Respondent Petition under Section 480J.& 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be .`p..I.eased to grant them bail on such terms and conditions as deemed fit djr,ect.ing their enlargement in Crime No.88 of 2025 of lll Town L & O Police Station, Rajamahendravaram; The petition coming on for bearing, .upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the
arguments of Sri Duggirala Sub+ash, Advocate for the Petitioners and Public Prosecutor for the Respondent, the Court made the following;
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ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A7 and A9, seeking bail, in Crime No.88/2025 of Rajahmundry Ill Town Police Station, East Godavari District. 2. The above said crime was registered against the petitioners/A7 and A9 herein and others for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short [the NDPS Ac{'). 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondenvSta{e.
4. The case of the prosecution, in briefJ iS thatOn 25.O2.2025 atabout 10.30am, on credible information regarding illegal possession and transportation of ganja, the S.I. of police, along with staff and mediators, rushed to Quarry pits, Simhachala Nagar of Rajamahendravaram and caught hold of five persons. Then police apprehended them and on enquiry, they disclosed their identity particulars and police found 20.350Kgs of ganja in their possession. The contraband, along with other material, was seized under the cover of mediators report and the accused Nos.1 to 5 were arrested and remanded {o J-udiCial Custody. They also disclosed about the involvement of other accused i.e., A6 to A9. The \~s€--==-=`` i=
3 .I petitioners herein/A7 and A9 have.been in judicial remand since 25.4.2O25 and 19.3.2025 respectively. 5. Perused -the record. 6. Learned counsel for the petitioners contend that the criine came to , be registered on 25.2.2025 basing on the confession statement of other accusedJ Who Were found tO be in possession Of 20.350 Kgs of Ganj'a, the first petitioner was arrested on 25.4.2025 and the second petitioner was arrested on 19.3.2025 and since then they have been in judicial custody, as such, prayed to allow the Criminal Petition. 7. Learned Assistant Public Prosecutor has not disputed the above fact and opposed to grant bail to the petitioner. He further submits that there are 10 previous antecedents as against the first petitioner and pD Act was implicated against the first petitioner. 8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the first petitioner was arrested on 25.4.2025 and the second petitioner was arrested oh 19.3.2025 basing on the confession statement of co-accused. Evidently no +contraband has been seized from the possession of the petitioner.
sinceLth'e first petitione+ has been in remand from 25.4.2025 and the second petitioner has been in remand from 19.3.2025, this Court found that most of the investig'ation pertaining to the role played by the petitioners in the commission of the offence would `be completed. lt is \ . . submitted that the petitioners are permanent residents of \Rajamahendravaram, there is no possibility Of them fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioners would not cause tampering of evidence and hampering of investigation. Considering the entire material on record, this Court is inclined to grant bail to the petitioners with some conditions. 9. ln the result, the criminal petition iS allowed with the following conditions: i. The petitioners/A7 and A9 herein shall be released on bail on their executing a personal bond for Rs.20,000/-(Rupees twenty thousand only) each with two (02) sureties for a like sum each to the satisfaction Of the learned V Additional Judicial Magistrate of First Class, Rajamahendravaram; ii) After release, the lst petitioner shall appear before the Station House Officer concerned, on every alternative day between 10.00am to o1.00pm, for a period of three months and the 2nd petitioner shall appear before the Station House Officer concerned, once in a week i.e., on every Sunday between 1 O.00am to 01.00pm, for a period of three months; and iii) that the petitioners are directed not to hamper the investigation and tamper with the prosecution witnesses. / //TRUE COPY// For I sD/-U. SRIDEVl ASSISTANTasST RA R SECTION OFFICER ToJI The lSt Addltlonal Sesslon§ Judge at RaJamahendraVaram
2. The V Additional Judicial Magistrate Of First Class, RajamahendraVaram®
3. The Superintendent, Central Prison, at RajamahendraVaram. --\53|- I/
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4. The Station House officer, `m Town L & O P.S, Rajamahendravaram East ,GodavarI' DistrI-Ct
5. One CC to Sri. Duggirala Subash, Advocate [opuc]
6.
Two CCs to Public Prosecutor, High Court ofAP [OUT]
7. One spare copy M\l _? .'~ S,
10 JuLZtl» =-®-- HIGH COURT TMR,J DATED:09/07/2025
ORDER CRLP.No.6292 of 2025 ALLOWED