Lotha Rambabu alias Ram alias Michael v. The State of Andhra Pradesh
CRLP/6459/2025 · 2025-07-10
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22298 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22298 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
\`\\` `. IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR FRIDAY ,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE ||PRESENT: t±§ THE HONOURABLE SRI JUSTICE I MALLIKARJuNA RAO CRIMINAL PETITION NO: 6459 OF 2025 Between.I ed: Lotha Rambabu @ Ram alias Michael, s/o. Late Bodanna Dora, aged about 36 years, R/o, Boyapadu village, Korukonda panchayat, chinthapalII-Mandal, AIIuri Sitharama Raju DistrI'Ct, ...PetitI-Oner/Accused No.4 AND The State ofAndhra pradesh, Rep by its public prosecutor, HI'gh Court of Andhra pradesh, ...Respondent pe{itl-on under sections 437 & 439 of Cr.P.C/ Under Sections 480 & 483 of BNSS, praying that in the circumstances stated in the memorandum of grounds filed in support of the crI-minaI PetI-lion, the High Court may be pleased to enlarge the petitI-Oner/Accused No.4 on bail pending dI-SPOSal of crime No.210/2023 of Narsipatnam Town P.S., now Anakapa" District. The Petition/Appeal coming on for hearing, upon perusing the petition and the memorandum of grounds fI-led in support thereof and upon hearing the arguments of SRI GOLLAPALLI MAHESWARA RAO Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following
APHCO10314352025 E!IEL /t L'.I _.i lN THE HIGll COURT OF ANDHRA PRADESH AT AMARAVATI (special Original Jurisdiction) FRIDAy, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOU,RABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 6459/2025 [3369] Between :
1.LOTHA RAMBABU ALIAS RAM ALIAS MICHAEL, S/O. LATE BODANNA DORA, AGED ABOUT 36 YEARS, R/O, BOYAPADU VILLAGE, KORUKONDA PANCHAYAT, CHINTHAPALLI MANDAL, ALLURI SITHARAMA RAJU DISTRICT, ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh, H.RESPONDENT/COMPLAINANT petition under section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High Court pleased to enlarge the Petitioner/Accused No.4 on bail pending disposal of Crime No.210/2023 of Narsipatnam Town P.S., now Anakapalle District and to pass Counsel for the Petitioner/accused:
1.GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, ha_s been filed by the petitioner/A4, seeking bail, in crime No.210/2023= of Narsipatnam Town Police Station, Anakapalle District. E_ edgr-z|
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2. A case has been registered against the petitioner and others for the offences punishable u/Sees.20(b)(ii)(C), 25 r/w 8(c) of the NDPS Act. 3.
Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State. 4. Case of the prosecution, in brief, is that, on 15.5.2023 at 4.00pm, on receipt of credible information, regarding illegal possession and transportation of ganja, the S.I of Police, along with staff and mediators rushed to Degree college junction, Narsipatnam and conducted vehicle checking. They noticed two persons coming in a car from Chinthapalli side and on seeing police, said two persons stopped the car and tried to escape. Then police apprehended them and on enquiry, they disclosed their identity particulars as that of Al and A2 and police found 88 kgs of ganja in their possession. Police seized the contraband and other material and arrested the accused. They confessed the involvement of the petitioner/A4 in the commission of the offence. During the course of investigation, police arrested the petitioner on 29.4.2025. 5. Perused the record. 6. Learned counsel for the petitioner contends that a crime came to be registered on 15.5.2023 and basing on the confession statement of co- accused, who.were found to be in possession of 88 Kgs of Ganja, this pet',tioner was arrested on 29.4.2025 and since then he has been in judicial custody, as such, prayed to allow the Criminal Petition. E E=E
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7. Learned Assistant Public Prosecutor has not disputed the above fact and opposed to grant bail to the petitioner and submitted that the petitioner has no antecedents. 8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioner was arrested and remanded to judicial custody on 29.4.2025 basing on the confession statement of co-accused. Evidently no contraband has been seized from the possession of the petitioner. Since the petitioner has been in remand from 29.4.2O25, this Court found that most of the investigation pertaining to the role played by the petitioner in the commission of the offence would be \ completed.
It is submitted th.at the petitioner is a permanent resident of Chintapalli MandaI, as such there is no possibility of his fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioner would not cause tampering of evidence and hampering of investigation. Consid6ring the entire material on record, this court is inclined to grant bail to the petitioner with some conditions. 9. ln the result, the Criminal Petition is allowed with the following conditions: (i) The petitioner/A4 herein shall be released on his executing a personal bond for Rs.25,000/- (Rupees twenty five only) with two sureties for a like sum to the satisfaction of the learned I Additional District & Sessions Judge-Gum-Special Judge for trial of offenc-es under NDPS Act, Visakhapatnam; ~f~-I. i= ''\
4 (ii) On release, the petitioner shall appear before the Station House Officer concerned on every Sunday between 10|OOam and 01.00pm, for a period of three (03) months. (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for invesligaJon. sD/-U. SR'DEVl NTRUE COPY"Fork ASSISsTE^CNT+ORES To,
1. The I Additional District & Sessions Judge-Gum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District
2. The Superintendent, Central Jail, Visakhapatnam
3. The Station House Officer, Narsipatnam Town Police Station, Anakapalli District
4. One CC to SRI. GOLLAPALLI MAHESWARA RAO Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
6. One spare copy PSR . I
\\ ® HIGH COURT TMR,J DATED:ll/07/2025 BAIL ORDER CRLP.No.6459 of 2025 ALLOWED