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High Court of Andhra Pradesh · body

2025 DAILYLAW 22914 (AP)

GOLLORI RAMBABU v. The State of Andhra Pradesh

CRLP/6854/2025 · 2025-07-10

T Mallikarjuna Rao

body2025

Judgment text

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-'1 lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR FRIDAY ,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO cRI'MINAL PETITION NO: 6854 OF 2025 Between : GoIIori Rambabu, S/o. Late Balaram, aged about 29 years, R/o. Sakiputtu village, Badimela Panchayat, Paderu Mandal, AIluri Sitharama Raju District ...Petitioner/Accused No.8 AND The State ofAndhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh ...Respondent petition 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 Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.8 on bail pending disposal of Crime No.240/2024 ofV. Madugula P.S., now Anakapalli District. The Petition/Appeal coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI ADAPA SUDHAKAR RAO Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following APHCO10322972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 6854 OF 2025 [3369] Between : 1.GOLLORI RAMBABU, S/O. LATE BALARAM, AGED ABOUT 29 yEARS, R/O. SAKIPUTTU VILLAGE, BADIMELA PANCHAYAT, PADERU MANDAL, ALLURI SITHARAMA RAJU DISTRICT u.PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep by its Publ-lc Prosecutor, High Court of Andhra Pradesh ...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, th|e High Courtpleased to enlarge the Petitioner/Accused No.8 on bail pending disposal Of Crime No.240/2024 of V. Madugula P.S., now Anakapalli District and to pass counsel for the Petitioner/accused: 1.ADAPA SUDHAKAR RAO counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Cr'lminaI Petition, u/Sec.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the Petitioner/A8, seeking bail, in crime No.24O/2024 of V.Madugula Police Station, Anakapall'l District. € Jii= I-\ f5gr t 2 2. A case has been registered against the petitioner and others for the offences punishable u/Secs. 20(b)(ii)(C) 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. Caseofthe prosecution, in brief, isthat, on 31.12.2024at4.00pm, on receipt of credible information, regarding illegal possession and transportation of ganja, the 'S.I of Police, along with staff and mediators rushed to outskirts of Kasipuram Village, Thatiparthi Panchaya{, V.Madugula Mandal and found three personsJ the Said three Persons tried tO escape. Then police chased and apprehended the said three persons and on enquiry, they disclosed their identity particulars as that of A1, A4 and A5 and police found 120kgs of ganja in their possession. police seized the contraband and other material and arrested the accused. They confessed the involvement of the petitioner/A8 and other accused in the commission of the offence. During the course of investigation, police arrested the petitioner/A8 on 20.05.2025. 5| Perused the record. 6. Learned counsel for the petitioner contends that a crime came to be registered on 31.12.2O24 and basing on the confession statement of other accused, who were found to be in possession of 120 Kgs of Ganja, this petitioner was remanded ±o judicial custody on 20.5.2025, as such, prayed to allow the Criminal Petition. • ,_jf 'y c,-J, gL±LLLLLLLLL+± / 3 7. Learned Assistant Public Prosecutor has not disputed the above fact and opposed to grant bail to the petitioner. He further submitted that no antecedent has been re'por{ed as against the petitioner herein. 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 20.5.2025 basing on the confession statement of co-accused. Evidently, no contraband has been seized from the poss;ssion of the petitioner. since the petitioner has been in remand from 20.5.2025, 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. lt 'ls submitted that the petitioner is a permanent resident of Badimela Panchayat, 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. considering 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/A8 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 Cases under NDPS Act, Visakhapatnam; (ii) On release, the petitioner shall appear before the Station House Officer concerned once in a week i.e., every Sunday -1 E= <.yFy ts+-. . J< 4 between 10.00am and 01.00 pm, for a period of three (o3) months. (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. SD/-U_. SRIDEVI / For //TRUE COPY// ASSISTANT :rEAcNTIREFSFI CR : : STRAR 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, V.Madugula Police Station, Anakapam DI'StriCt 4. One CC to SRl. ADAPA SUDHAKAR RAO Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6, One spare copy PSR prrfi I HIGH COURT TMR,J DATED: ll/07/2025 BAIL ORDER CRLP.No.6854 of 2025 ALLOWED -.+. \ `:givifeL'ir;T;; , :l. ,. \\ luL \\Z\ t -` . r.'' - Effll lL J= /+{I /;.,