APHC010320832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL No. 420/2025 Between: 1. VENTRAPATI MAHESH ALIAS PEDDA, VENTRAPATI MAHESH @PEDDA, S/O. CHINNI @ GOLD MAN, AGED 27 YEARS, R/O. D.NO. 43-7-1/1, CHURCHPETA, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...APELLANT AND 1. THE STATE OF ANDHRA PRADESH, THROUGH DEPUTY SUPERINTENDENT OF POLICE, CENTRAL ZONE, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI 2. THE STATE OF ANDHRA PRADESH, THROUGH SHO, III TOWN (L AND O) P.S, RAJAMAHENDRAVARAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI ...RESPODENT(S): Counsel for the Appellant: 1. DUGGIRALA SUBASH Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER : The instant criminal appeal has been filed by the Appellant/Accused No.5 seeking to set aside the Order dated 02.05.2025 passed in Crl.M.P.No.348 of 2025 in SCSTSC No.104 of 2017 on the file of the Court of the Special Judge for trial of cases under SCs & STs (PoA) Act-cum-X 2 Additional District & Sessions Judge, Rajamahendravaram and to release him on bail. 2. Sri Duggirala Subash, learned counsel for the Appellant would submit that in view of the non-appearance of the Appellant on 06.02.2025 in view of his ill-health, before the trial Court, NBW was issued against him and on execution of PT warrant he was produced before the Special Court on 20.03.2025 and on that he was remanded to judicial custody. Learned counsel would further submit that charge sheet is filed in this case long back. It is submitted that, as on the date of issuance of NBW, the Appellant was in Central Prison, as such, he could not appear before the Special Court. Learned counsel would submit that the matter is coming up for trial before the Special Court and the Appellant is ready to furnish sureties to the satisfaction of the Court. 3. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that the Appellant also involved in several other crimes among which, there are three NDPS cases. Learned Assistant Public Prosecutor would further submit that the Appellant has criminal antecedents and there are no tenable grounds to grant bail to him and seeks for dismissal of the appeal. 4. Now the point that would emerge for determination is: Whether the impugned order passed by the learned trial Judge is sustainable or not? 3 POINT: 5. Considering the submissions made, on one hand it is contended by the Appellant that due to ill-health he could not appear before the Special Court on 06.02.2025 and on the other hand, it is contended that as the date of issuance of NBW he was in Central Prison, as such, he could not appear before the Special Court. Further, he did not file any documents to show his ill-health on the said date. Furthermore, as rightly, put by the learned Assistant Public Prosecutor and observed by the learned Special Judge, several other cases are also pending against the Appellant. In such circumstances, this Court is of the view that there is no infirmity in the order passed by the learned Special Judge and hence, it does not warrant interference of this Court. The appeal lacks merit and is liable to be dismissed. 6. In the result, the Criminal Appeal is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:08.07.2025 Dinesh 4 THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL No.420 of 2025 DATE:08.07.2025 Dinesh