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2025 DAILYLAW 22022 (AP)

Botla Venkata Kasi Vardhan Alias Kasi v. The State of Andhra Pradesh

CRLP/6441/2025 · 2025-07-20

Y Lakshmana Rao

body2025

Judgment text

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Lr,SL.'r>J#fap- IN THE HIGH COURT OF ANDHRA PRADESH AT AMA MONDAY, THE TWENTY FIRST DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6441 OF 2025 Betwee n : Bot'a Venkata Kasi Vardhan @ Kasi, S/o Kasaiah, Age 23 years, D.No.41- 28/1-77, Beside Sample Building Kalpana Print Bazar, Ranigar'lthota Vijayawada. . . .Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep by its S.H.O. Mangalagiri Rural Police Station Guntur District. ...Respondent/Comp[ainant petition under section 480 & 483 of BNSS, 2023 (Old Sections of 437 and 439 of Cr.P.C) is filed praying that in the circumstances Stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to pass an a,ppropriate order enlarging him on Bail, in connection with crime 148/2025 of Mangalagiri Rural P.S. pending the filing of the charge sheet, trial thereof, in the interest of Justice and Equity; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and u-pon hearing the arguments of Sri V.N.S.L.Sas-ldhar.V, Advoca.te for the Petitioner and Public Prosecutor for the Respondent, the Court made the following; I - Dr. YLR, I Crl.P.No.6441 of 2025 Dated 21.07.2O25 The Court made the following: ORDER: . The CrI'minal Petition has been filed u Sections 437 and 439 of ZI the Code of CrI|minaI Procedure, 1973 (for brevity lthe cr.p.c.I)/ sections 480 and 483 of the Bharatiya Nagarik SurakSha sanhita, 2023 (for brevity ...i fthe BNSSJ), seeking to enlarge the petitioner/Accused No.2 on ba" in cr.No.148 of 2025 of MangalagI|ri Rural Pdlice StatI|On, Guntur DI-Strict, registered against the petitioner/Accused No.2 herein for the offences punishable under section 8(c) read wI'th 20 (b) (ii)(B) of the Narcotic Drugs and psychotropI-C Substances Act, 1985 (for b+evity !the NDPS Act'). 2. The case of the prosecution is that dn o4.04.2025, on receipt of credI-ble information regarding illegal possessijon of Ganja and MDMA, the Inspector of police, Mangalagiri Rural Circllle, along with his staff and mediators, conducted a raid at Delight Dhaba, llYerrabalem. Accused Nos.1 to 4, who were friends and drug addicts, Were found in possession of narcotics. Accused No.1 had earlier purchased 10g of MDMA from Accused No.6 (from Bangalore) during Ramzan, sold part of I-I tO Accused No.2, and retained the rest. Accused No.2 brought 1.2 kg of Ganja, which I was dI-Vided into packets. At the Dhaba, they consumed Ganja and planned to sell the contraband. Then the police raidgd and caught hole of the I ll .~ Dr. YLR, J CrI.P.No.6441 of 2025 Dated 21.07.2O25 Accused Nos.1 to 4, found 'ln their possession 1.2 KGs of Ganja, 5.980 Grams of MDMA, seized the contraband and one KTM bike under a cover of mediators' report and arrested them. 3. Sri V.N.S.L.Sasidhar, the learned counsel for the petitioner, submits that the petit|loner has not committed any offence; he is falsely implicated in this case; he -ls sole breadwinner of his family; he is ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. 4, Per contra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined;. investigation is.not completed; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and it is urged to dismiss - the bail application. 5. Perused the record. 6. As seen from the record, the petitionerwas indulged in transportation and possession of 1.2 KGs of Ganja and 5.980 Grams of MDMA. The petitioner has been languishing in the jail since 05.04.2025 onwards, nearly 108 days he has been in the judicial custody. T-:---its `-. 4 Dr.YLR,J` CrI.P.No.6441 of 2025 Dated 21.07.2025 Keeping into consideration the number of days the petitioner has been jn judicial custody, the nature of the allegatl-ons levelled against him, stage of the inves{jgation and his alleged role jn the case, {hjs court is I I'nCIjned to enlarge the petitioner on ba" with cer{a[-n stringent condl.tjons. i i 8. In the result, the crlm[naI Petition I-s allowed with the following conditions: il The petitl-oner/Accused No.2 shall be enlarged on ba" subject to he executI'ng a personal bond for a sum of Rs.25,000/- (Rupees Twenty FiveThousand only), wI-th two sureties for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class-Gum-Civ" Judge (JunI-Or Division) court, Mangalagiri. Ii. The petitioner/Accused No.2 shall appear before the stati6n House Officer, Mangalagl-ri Rural Police statI'On, Guntur District, on every saturday in between 10.loo am and o5:dO pm, tl'll the conclusllOn Of the TrI-aI. iji. The petitl'oner/Accused No.2 shall not leave the limits of the District wl'thout prior permI-SSiOn from the learned Trial Judge. iv. The petitioner/Accused No.2 shall not commit or indulge in sI'milar offences jn futur£., l` _,, ` z€ 5 . Dr. YLR, I CrI.P.No.6441 of 2025 Dated 21.07.2025 v. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall be ava'llable to the investigating officer as and when called by him. //TRUE COPY// For / sD/-M.SRINIVAS ASSISTAN SECTl GISTRAR OFFICER Toll The Spec,al SesslOnS Judge for the Trlal Of the Cases under NDPS Act,1985 Gum lst Additional Sessions Judge at Guntur 2. The AddltlOnal JudlClal MagIStrate Of Flrst Class-Gum-Clv" Judge (Junior Division) Court, Mangalagiri. 3. The Superintendent, District Prison at Guntur. 4 The StatlOn House Offlcer, Mangalaglrl Rural PollCe StatlOm Guntur 5. One CC to Sri. V.N.S.L.SasidharlV, Advocate [OPUCl I ^n I-nllT1 e \J\J \\r -`__ o cos to public prosecutor, High Court Of AP [OUT] spare COPY HIGH COURT Dr.YLR,J DATED:21/07/2025 ORDER CRLP.No.6441 of 2025 ALLOWED .---`L= ®€ A\