lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAES!,€`?a,`j;i:-I+`"I+`:a.€z=_o!i _<J?,,J9 -EE= EL_E a-EEE" WEDNESDAY, THE NINTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA CRIMINAL PETITION NO: 6668 OF 2025 Between : Masadi Konda Babu @ Matysha Konda Babu, S/o. Kameswara rao, Aged 29 years, R/o. Sangukloya Village, Luwasingi Panchayat G.Madugula Mandal, ASR District. ...Petitioner/Accused No.3 AND The State of A.P, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Patyakaraopeta Police Station. Visakhapatnam District. i `~ ...Respondent Petition under Section 437 & 439 of Cr.P.C (Old Act) (Under sections 480 & 483 of BNSS, 2023 is filed praying that in`the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioners/A-3 on Regular Bail in connection with Crime No.64/2022 on the file of Payakaraopeta Police Station, Visakhapatnam District dt.26.02.2022; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Chalamalasetti An'II Kumar, Advocate for the Petitioner and Public Prosecutor for the Resp,ondent, the Court made the following; ORDER: This Criminal Petition, u/See.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the petitioner/A3, seeking bail, in crime No.64/2022 of Payakaraopeta Police Station, Visakhapatnam District. / --`>o it-c 2 . 2. A case has been registered against the petitioner and-others for the offences punishable u/Sees.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 respondenVState. 4. Case of the prosecution, in brief, is that, on 26.02|2022 at 06.00am, on receipt of credible information, regarding illegal possession and transportation of ganja, the S.I of Police., along with staff and mediators rushed to sand check post and 'conducted vehicle checking. At that time one auto bearing registration no.AP 39 TM 1282 was coming towards them and on seeing policeJ the inmates in the auto, Who are two in number, stopped the auto and tried to escape. Then police apprehehded said two persons and on enquiry, they disclosed their identity particulars as that of Al and A2 and police found 20kgs of ganja in their possession. Police seized the contraband and other material and arrested the accused.` They confessed the involvement of A3 in the commission of the offence. During the course of investigation, police arrested the petitioner/A3 on 16.5.2025 on execution of PT warrant| 5. Perused the record. 6. Learned counsel for the petitioner contends that a crime came to be registered on 26.02.2022 and basing on the confession statement of other accused, who were found to be in possession of 20 Kgs of GanjaJ this petitioner was arrested on 16.5.2025 and since then he has been in judicial custody, as such, prayed to allow the Criminal Petition. <'_-~ct`rias3:fi I_--i) |J `J 3 7. Lear`ned Assistant Public Prosecutor has not disputed the above fact and opposed to grant bail to the petitioner. 8. After careful observation of the material on record and submission~Q\ made on behalf of both sides, it shows that the petitioner was arrested and remanded to judicial custody on 16.5.2025 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 16.5.2025, 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 is submitted that the petitioner is permanent resident of G.Madugula MandaI, A.S.R.District, 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 {o the petitioner with some conditions. 9. ln the result, the Criminal Petition is allowed with the following conditions: (i) The petitioner/A3 herein shall be released on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum to the satisfaction of'the learned I Additional Distr`ict & Sessions Judge-Gum-Special Judge for trial of offences under NDPS Act, Visakhapatnam; (ii) On release, the petitioner shall appear before the Station House Officer concerned once in a fortnight between 10.00 a.m. and 12.00 noon, for a period of th{Jee (03) months. ._. -_.--i-A i=n 4 (iii) the pet'ItiOner Shall not tamPer With the evidence and hamper the investigation and shall cooperate for investigation. SD/- K.SRINIVASA RAJU //TRUE COPY// far L?,,-, ¢J,,Z, ASSISTANT R [STRA R \ For SECTION OFFICER `t\ *±\* \\.I.= Tol 1. The Metropolitan Sessions Judge at Visakhapatnam. 2. The I Additional District & Sessions Judge-Gum-Special Judge for trial of offences under NDPS Act, Visakhapatnam. 3. The Superintendent, Central Jail, Visakhapatnam. 4. The Station House Officer, Patyakaraopeta Police Station, Visakhapatnam District. 5. One CC to Sri. Chalamalasetti AniI Kumar, Advocate [OPUC] 6. Two cos to Public Prosecutor, High Court ofAP [OUT] 7. One spare copy MM HIGH COURT TIVI R,J DATED:09/07/2025 ORDER CRLP.No.6668 of 2025 ALLOWED