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2025 DAILYLAW 22369 (AP)

YARRABALLI SRINU v. THE STATE OF ANDHRA PRADESH

CRLP/6497/2025 · 2025-07-08

T Mallikarjuna Rao

body2025

Judgment text

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I lN THE HIGH COURT ®F ANDHRA PRADESH AT AMARA WEDNESDAY, THE NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: .---. -- . ` ` THE HONOURABLE SKI .JUSTICE T MALLIKARJUNA RAO frf- Between : CRIMINAL PETITION NO: 6497 OF 2025 // Yarraballi Srinu, S/o late Veers Bhadra Rao, Aged 37 years, R/o Golla Bazarl B.C. Colony, Chinturu village and MandaI, AIluri Sitharama Raju District. ...Petitioner/Accused No.fi AND The State of Andhra Prad6'sht, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh a-i Amaravati. ...Respondent/Complainanlg =`-..,--,.. petition under sectI-Ort':5 t4`#80 & 483 of BNSS, praying that I-n the circumstances stated in the merriorandum of grounds filed in support of the Criminal Petition, the High'C~¢~urt~-may be pleased to release the petitioner on bail in Crl-me No. 90 of 2024', !S-n'the file of the chinturu police Station. The Petition coming om for hearing, upon perusing the petition and the memorandum of grounds':l~`fi!edl in support thereof and upon hearI'ng the arguments of SRI DASARi` FaAMAKOTESWAR RAO, Advocate for the PetitI'Oner, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following APHCO10315142025 EFEr:iE lN THE HIGH COURT OF ANDHRA PRADESH Ai- AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 6497/2025 [3369] Bet:ween : 1.YARRABALLI SRINU, S/O LATE VEERA BHADRA RAO, AGED 37 YEARS, R/O GOLLA BAZAR, B.C. COLONY, CHINTURU VILLAGE AND MANDAL, ALLURI SITHARAMA RAJU DISTRICT. ...PETITIONER/ACCUSED AND I 1,THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...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 release the petitioner on bail in Crime No. 90 of 2024, on the file of the Chinturu Police Station and Pass Counsel for the Petitioner/accused: 1. DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court m-ade the following: ORDER: This Criminal Petition under Sections 480 and 483 of B.N.S.S., has been filed by the petitioner/A1, seeking regular bail in Cr.No.90/2024 of Chintoor Police Station, A.S.R. District. ``-r-`1, tLi=--= i-rfu •& 2. The above said crime was registered against the petitioner herein and another for the offence punishable u/Sees.20(b)(ii)(C) r/w 8(c) of the NDPS Act. 3. Case of the p`rosecution, in brief, is that, on 04.12.2024 at 6.00pm, on receipt of credible information with regard to il-legal possession and transportation of ganja, the Sub-Inspector of Police secured the presence of mediators and staff and conducted vehicle checking opposite to Chinturu police station. They noticed one Mahindra Bolero car bearing \ regis{ra{ion no.AP 26 AG 8788 coming from Lakkavaram side and on seeing police, the accused tried to turn back the car, but in v.ain. Then police apprehended the accused and on enquiry, he disclosed his identity particulars as that 6f Al and police found 82kgs of ganja in his possession. Police seized the contraband and other material and got remanded the accused to judicial custody. He confessed the involvement of other accused in the commission of the offence. 4. Learned counsel for the petitioner contended that the petitioner has been in judicial custody from 05.12.2024 and most of the investigation is completed and after expiry of statutory per|lod, police have not filed charge sheet, as such the petitioner is entitled for statutory bail. 5. On the other hahd, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory period T`=-== ---=`` --as is completed, but opposed to grant bail. He further submitted that no antecedents are reported against the petitioner. 6. Heard both sides. 7. Given tha{the petitioner has been in remand since o5.12.2024, this Court views that most of the investigation concerning the petitionerJs role in the comm,'ssion of the alleged offence has likely been concluded. It has been submitted that the petitioner has permanent residence in chinthuru village and there is no credible apprehension of his fleeing away from justice. Additionally, since most of the witnesses are official, the release of the petitioner would not impede the investigation or tamper with the evidence and also after completion of statutory period, police have not filed charge sheet. They have filed a petition for extension of time for investigation and the extended time was also over. After that no ex{ensI-On Petition Was filed. Since the investigation could not be completed within the statutory period and also in extended period, this court found that the petitioner is entitled for statutory bail. In view of seizure of huge quantity of contraband, imposing stringent conditions would meet the ends of justice. 8. In view of the aforesaid facts and circumstances of the case, this court is inclined to grant bail to the petitioner/Al with the following conditions. (i) The pe{i{ioner/Al herein shall be released on his executing a Personal bond for Rs.50,000/- (Rupees fifty thousand only) v,=z33`Zst gr q__se with two sureties for a like sum each to the satisfaction of the learned Judicial F,'rs{ class Magistrate, Rampachodavaram; (ii) On release, the petitioner shall appear before the station House Officer concerned on every sunday between 10.00 am and 01.00 pm for a period of three (o3) months or till filing of charge sheet whichever is earlier; |yI.r -- ./-n,`.r..®.` I.L'-.' ;± ` To, / '=| iIT`FTHE COPYll r -__'-_ r sc§,-SK. IMF,3. F3.inF:i AS'q?SitST,A.#tiT' i?` For/ lfB i S orE_ F!_,iRTh **.?. `€jE€`;uri{j!Fti r¢FF§CE.F?a 1. The Special sessions Judge for Trial of the cases under the NDPS I.-\ i Act, 1985-Gum-I Aciditi'ona! sessions Judge, East Godavarj District a{ Rajamahendravaram`. 2. The Judicial FI|rSt Class MagI-Strafe, Rampachodavaram, East Godavari Dl'strl|ct 3. The Superintendent, cantra! Jail, Rajamahendravaram, East Godavari District f=tr`_, 4. The StatI'On House` `Qffid6-i,{'`t.-`chintoor police station, AIIuri Sitharama Raju DI|StriCt £' I( 5. One CC to SRL DASARI,RAMAKOTESWAR RAO, Advocate [opuc] 6. Two CCs to PUBHe,|PRfOSECUTOR, High Court of Andhra Pradesh [OUT] 7. One spare copy PSR. F'i \+ri+ . |~ ; I. i {.,-.,._ fI -I ` .,I_'.'. l'; HIGH COURT TMR,J DATED : 09/07/2025 BAIL ORDER CRLP.No.6497 of 2025 ALLOWED ll JULZRE _ ;#-*,.-,f i