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2025 DAILYLAW 21938 (AP)

S Harshavardhan v. The State of Andhra Pradesh

CRLP/6365/2025 · 2025-07-02

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

{`\ E=_ I- IN lrHE HIGH COURT OF ANDHRA PRADESH AT AMAR THURSDAY, THE THIRD DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SR[ JUSTICE K SREENIVASA REDDY ¥¥:i:_dfro=€ CRIMINAL PETITION NO: 6365 OF 2025 Betwee n : S.Harshavardhan, S/o.D.Sekhar, Aged abc,ut 21 years, R/oChikkangala (Post), KaduruTaluk, Chikmangalur District, Karnataka State. ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, SHO, Government Railway Police Station, Nellore, SPSR Nellore District, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent Petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated` in I.memorandum of grounds of Criminal Petition, the High Court may be pleased to grant Accused No.3/ Petitioner bail on such terms and conditions as deemed fit directing their enlargement in Crime No. 66 of 2025 of Government Railway Police Station, Nellore, SPSR Nellore District; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Bhooma Maharshi Reddy, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following; .a S `~. v *+ APHCO10309632025 I EELE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CR]M[NAL PETITION NO: 6365/2025 Between : 1.S HARSHAVARDHAN, S/O~.D. SEKHAR, AGED ABOUT 21 YEARS] KADU RUTALU K, KARNATAKA STATE R/OCH IKKANGALA (POST), CHIKMANGALUR DISTR'lCT, MIPETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, SHO, GOVERNMENT RAILWAY POLI'CE STATION, NELLORE, SPSR NELLORE DISTRICT, REP. 'BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BHOOMA MAHARSHI REDDY Counsel for the Respondent/complainant: 1,PUBLIC PROSECUTOR The Court made the following: ORDER:- This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been fI-led by the petitioner/A3, seeking regu.lar bail, in Crime No.66 of 2025 of Government Railway Police Station, Nellore SPSR Nellore €--,-.-i-. 2 District, registered for the offence punI-Shable under Section 8(c) I/w 20(b)(ii)(B) of the Narcotic Drugs and psychotropic Substances Act, 1985. 2. The brief facts of the case arethaton 28.05.2025 at 9.30 hours at the north end of platform No.3, Nellore Railway Station, NeIIore city, on receipt of credI-ble information about illegal possession and transportation of ganja, the Inspector of police, Nellore Railway Police Circle, apprehended Al to A3 and recorded their confession statements in the presence of the gazetted officer and mediators and seized around 7.7 kgs of ganja, whI'Ch Was jn 4 packets worth around Rs.1,15,500/-under the cover of gazette offI'Cer and mediators mahazarnama and basing on the sal'd mahazarnama, the present case was registered. 3. Heard the learned counsel for the petitioner and learned AssI-Slant Public Prc;secutor. perused the record. 4. Learned counsel for the petitioner submits that the Petitioner Was arrested On 28.05.2025 and has been in J-udiCial remand since then. The ganja seized by the poll-ce in this case is not a commercI-al quantity. 5. Learned Assistant PubII'C Prosecutor submitted that investigatl-on has not been completed. 6. Considering the period of remand underwent by the Petitioner and in view of the facts and circumstances of the case, `--It this court js inclined to grant bail to the petl-tl'oner/A3 on the following conditions. i) The petitioner/A3 shall be released on ba" on hI-S executing personal bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the learned I AddI-tI-Onal District & sessI-OnS Judge, Nellore. Ii) On release, the petjtjoner sha" appear before the statl|on House officer concerned, once in a week I-.e. on every sunday, between 10.00 am and o5.00 pm, till fl'Ijng of the charge sheet and the pet]'tioner sha" make hI-mSelf available for I-nVeStjgatI'On aS and when required and that he shall not cause any threat, inducement or PrOmI'Se tO the prosecutl-on witnesses. jii) It is made clear that the petitioner shall scrupulously comply wI'th the above conditl-ons and breach of any of the above condI-lions Will be viewed seriously and prosecution js at II'ber{y to move an application for cancellation of the baI'I. 7. Accordingly, the criminal petition is allowed. . ` //TRUE COPY// For ASSIS SD/- M.sF2lNJVAS :'apF; SECTl To, 1. The I Additional DI'StrI-Ct & Sessions Judge, NeIIore, SPSR NeIIore District. 2. The Superintendent, central J`ail, Nellore 3. The Station House Officer, Government Railway Police Station, Nellore, SPSR NeIIore DistrI'Ct. 4. One CC to Sri. Bhooma Maharshi Reddy, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAP [OUT] 6. One spare copy EGlsTRAR lCER }''- HIGH COURT SRK,J DATED:03/07/2025 ORDER CRLP.No.6365 of 2025 ALLOWED iJ+,.9`tt-I., I...J~|_