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High Court of Andhra Pradesh · body
2025 DAILYLAW 22449 (AP)
Kishore Carmakar v. The State of Andhra Pradesh,
CRLP/6526/2025 · 2025-07-10
T Mallikarjuna Rao
body2025
[ 2025 DAILYLAW 22449 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 22449 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMAB4;
FRIDAY, THE ELEVENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT:
HONOURABLE SRI JUSTICE T MALLIKARJUNA CR[M[NAL PETITION NO: 6526 OF 2025 Betwee n :
1. Kishore Carmakar, S/o Suren Karmakar Aged 38 Years, R/o.MV 108 Village, VarkaI PS Limits, Malkangiri Odisha State. 2. Khemadas Khilla, S/o Late Chirangi Khilla, Aged 39 Years, R/o Rekhapalli Village, Chitrakchtla,I Maljkangiri Odisha State. 3. Kamu Khemdu, S/o Dhanu Khemudu, Aged 40 Years. R/o Mantriput Village, Tunnel Camp Panchat`yt, Malkangiri Odsha State. .I.Petitioner/Accused Al to A3 (cause title of petitioners is amended as per the court order datecE 09/07/2025 in I.A.No.1/2025 in CrIP.No.6526/2025) AND The State of Andhra Pradesh, R`ep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Am\aravati. ..lRespondent/Comp[ajnant petition under section 480 &'r483 of BNSS (Old Sections 437 & 439 of Cr.P.C), Praying that in the circum\stances stated in the memorandum of grounds fI'led in Support Of the<-^:G+iminal petition, the High Court may be pleased to release the petitioners on bail in cr. No 407/2024 Bommuru; PolI'Ce Station East Godavari. Counsel for the petitioners : smt Koppisetti Parva±l-Devi Counsel for the Responc§-©ln-ti : Assistant Public Prosecutor. The Court made the following ORE)ER:
I APHCO10317252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 6526/2025 Between : [3369]
1. KISHORE CARMAKAR, S/O SUREN KARMAKAR AGED 38 YEARS, FVO.MV 108 VILLAGE, VARKAL PS LIMITS, MALKANGIRl'ODISHA STATE. 2|KHEMADAS KHILLAH S/O LATE CHIRANGI KHILLA, AGED 39 yMEAALJRfaNG]RRlooD[SRHEAKsHTAAPTA±LI VILLAGE, CHITRAKONDA, 3.KAMU KHEMDU, S/O DHANU KHEMUDUJ AGED 40 YEARS. R/O MANTRIPUT VILLAGE, TUNNEL CAMP PANCHAYT, MALKANGIRI ODSHA STATE'. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...RESPONDENT/COrVIPLAINANT 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 Courtmay be pleas6d to release the petitioners on bail in Cr.
No 407/2024 Bommuru, Police Station East Godavari and Pass IANO: 1 OF2025 Petition under Section 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 may be pleased Pleased to pass an order permitting the petitioners cause title to amend the petitioners no. in the cause title in CRLP. No. 6526 of 2025 as l[A-1 to A-3" and by substituting the cause title with the l[A-3 & A-4" and pass Counsel for the petitioner/accused(s):
1. KOPPISETTI PARVATI DEVl ./ t a =~
\ 2 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, has been filed by the petitioners/Al to A3, seeking bail, in Crime No.407/2024 of Bommuru Police Station, East Godavari District. 2. A case has been registered against the petitioners and others forthe offences punishable u/Secs.20(b)(ii)(C) r/w 8(c) of the NDPS Act. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondenvstate. 4. Case of the prosecution, in brief, is that, on 12.12.2024, the Sub- lnspector of Police, Bommuru Police Station, on receipt of credible information regarding the illegal possession and transportation of ganja, secured the presence of mediators, and inspected the vehicles. The Sub- Inspector of Police apprehended the petitioner, other accusedJ and found-in their possession 205.8OO KGs of Ganja in eight bags in a Mahindra Marshal vehicle bearing No.APO5 AH 7424, seized under a mediators' report and arrested them. During the course of investigation, police arrested the petitioner/A4 on 13.12.2024. 5. Perus;dtherecord. 6.
Learned counsel for the petitioner contends that a crime came to be registered on 12.12.2024 and basing on the confession statement of co- RE \J E-.=* h+
-\ ~ 3 accused, who were found to be in possession of 205.800 Kgs of Ganja, t.his petitioner was arrested on 13.12.2024` and since then he has been in judicial custody, as such, prayed to allow the Criminal Petition. He further submitted that accused no.4 was granted bail by this Court vide orders in crl.p.No.2266 of 2025 on 26.6.2025 and the`case of the petitioners stands on the same footing. 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 13.12.2024. Evidently, accused no.4 was granted bail by this Court vide orders in Crl.P.No.2266 of 2025 on 26.6,2025. It is submitted that the petitioners had permanent residence, as such, there is no possibility of their fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioners would not cause.tampering of ev'ldence and hampering of investigation. Considering the entire material on record, this court is inclined to grant bail {o the petitioners with some conditions. 9. ln the result, the Criminal Pet'ltion is allowed with the following conditions: (i) The petitioners/Al to A3 herein shall be released on their executing a personal bond for Rs.25,00O/- (Rupees twenty five only) each with two sur'eties for a like sum to the satisfaction of .,p rJ iFE
4 the learned vl Additional Judicial Magistrate of First Class, Rajmahendravaram; (ii) on release, the petitioners shall appear before the Station House Officer concerned on every Saturday in between 10.00am and 12.00 noon, till conclusion Of trial; (iii) the petitioners shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation.
SD/-G.HELANAIDU ` //TRUE COPY// ASSISTA,Y~T ` ,::LE GISTRAR For / SECTION OFFICER To,
1. The VI Additional Judicial Magistrate of First Class, Rajamahendravaram. 2. The Station House Officer, Bdmmuru Police Station, East Godavari District. 3. The Superintendent, Central Prison, Rajamahendravaram, East Godavari District. 4. One CC to Ms. Koppisetti Parvati Devi, Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT]
6. One spare copy CVSS ``-
L+- HIGH COURT I ? TMR,J DATED:ll /07/2025 BAIL ORDER CRLP.No.6526 of 2025 ALLOWED co E%\ H \uL Z\Zt ~.€±`