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2025 DAILYLAW 23415 (AP)

Vanthala Babji alias Bobby alias Babuji v. The State of Andhra Pradesh

CRLP/6865/2025 · 2025-07-10

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT FRIDAY, THE ELEVENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JuSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 6865 OF 2025 Between: vanthala Babj! @ Bobby @ Babuji, S/o. Bhaskara Rao, aged about 27 years, R/o. Varthanapalli Village, Thammingula Post, Ch'lntapa!li MandaI, Alluri Sitharama Raju District. ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, Rep by its Public Pro`secutor, High Court of Andhra Pradesh. _ .t-I L' I ...Resp®nc£ent ., a \` (,,`.\\`` ` petition under section 437,`'& 439 of Cr.P.C and Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances Stated in memorandum of grounds of Crimina.I Petition, the High Court may be pleased to enlarge the Petitioner/Apcused No.3 on bail pending disposal of Crime No.94/2024 of Koyyuru P.S., AIIuri Sitharama Raju District; The petition coming on for,hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing, the arguments of sri Goliapalli Maheswara Rao, Advocate for the Petitioner and'public Prosecutor for the Respondent, the Court made the following: ORDER: This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagar;lk` Suraksha Sanhita, 2023, has been filed by the petitioner/A3, seeking bail, in Crime No.94/2024 of Koyyuru Police Station, A.S.R. District. ``.- iEse EEEE s\ E 2 2. A case has been registered against the Petit|lOner and Others for the offences punishable u/secs.111(2)(b) of the B.N.S., 20(b)(ii)(C), 25 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. Case of the prosecution, in brief, iS that, On 30.9.2024 at about 10.00am,-the Sub Inspector of Koyyuru police stat'lon, on receipt of credible information about illegal possession and transportation of ganja, secured the presence of mediators and rushed to outskirts of Cheedipalem Village of Koyyuru Mandal and started conducting vehicle checking. Police observed one motorcycle and two cars coming from Budaralla Village side and oh seeing police, the riders of those vehicles got reversed and tried {o escape. Then police apprehend two car drivers While the Others We`re absconding. on interrogation, they disclosed their identity particulars and police found 851 kgs of ganja in their possession. Arrested the accused, seized the contraband and vehicles. They confessed the involvement of other accused `\\ts in the commission of offence. During the course of investigation, police arrested the petitioner/A3 on 15.5.2025. 5. Perused the record. 6. Learned counsel for the petitioner contends that Crime Came tO be reg'lstered on 30.09.2024 and basing on the cont-ession Statement Of Other accused, who were 'found to be in possession of 851 Kgs of Ganja, this -_..-. -.-------.-I----.--. --.. . --..-_` `. I E=\ ar_-_-_:_.._-. i -seIE5@:I i ii -t` .I+!` 3 pe-titioneF. vyaS remanded {O judicial Custody On execution Of P.T. Warrant on 15.5.2O25,: as such, prayed to allow the Criminal Petition. 7. Learned Assistant Public Prosecutor has not disputed the above fact and submitted.that one more antecedent has been reported as' against the petitioner herein. 8. After careful observation of the ma{`erial on record and submissions =E= made on behalf of both sides, it shows that the petitioner was arrested and s\ remanded to judicial custody on 15.5.2025 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 15.5._2025, this Court found {ha{ most of the ihvestigation pertaining to the role Played by the Petitioner in the commission Of the Offence would, be completed.. lt is submitted that the petitioner is a permanent resident of Chintapalli MandaI, 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 Ion record, this C|ourt 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/A3 herein sha" be released on his executing a - personal bond for Rs.25,000/- (Rupees twenty five only) with I 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; `"--. i..-` 4 (ii) on release, the peti+lioner shall appear before the Station House Officer concerned once in a Week i.e., every Sunday between 10.00:m and 01.OO pm, for a period Of three (03) months. (iii) the petitioner sha" not tamper with the evidence and hamper the investigation and shall cooperate for investigationJ, •_I ,_+./ //TRUE COPY// Fort Sd/-SHAIK MOHD. RAFI AS S ISTAN TZZkeJae I STR_AR SECTION OFFICER To, 1. The I Additional District & Sessions Judge-Special Judge for Trial of offences under NDPS Act, V-lsakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, Koyyuru P.S., Alluri Sitharama Raju District. 4. One CC to Sri. Gollapalli Maheswara Rao, Advocate [OPUC] 5. Two CCs to Public Prosecutor,. High Court of AP [OUT] 6. One spare copy i t--.` .`.; £tr >-E~ I , z,, ¢zr HIGH COURT TMR,J DATED:ll/07/2025 ORDER CRLP.No.6865 of 2025 ALLOWED