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2025 DAILYLAW 23470 (AP)

Korra Sai v. The State of Andhra Pradesh

CRLP/6847/2025 · 2025-07-10

T Mallikarjuna Rao

body2025

Judgment text

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl FRIDAY ,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 6847 OF 2025 Between : Korra Sai, S/o. Narayana Rao, aged about 22 years, R/o. Kotagunna]u Colony, Kudumasara Panchayat, Chintapalli MandaI, Alluri Sitharama Raju District I..Petitioner/Accused No.9 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 bet Pleased to enlarge the Petitioner/Accused No.9 on bail pending disposal of Crime No.94/2024 of Koyyuru P.S., AIluri Sitharama Raju 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 GOLLAPALLI MAHESWARA RAO Advocate for the': Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following Ef=e= _._. __._Jl /,'/ APHCO10331152025 EHI+H I.I ' i . \' A.i 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 I MALLIKARJUNA RAO CRIMINAL PETITION NO: 6847/2025 [3369] Between|. 1.KORRA SAl, S/O. NARAYANA RAO, AGED ABOUT 22 YEARS, R/O. KOTAGUNNALU COLONY, KUDUMASARA PANCHAYAT, CHINTAPALLI MANDAL, ALLUR' SITHARAMA RAJU DISTRICT I..PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,- High Court of Andhra Pradesh . ...RESPONDENT/COMPLA]NANT 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 Court Pleased to enlarge the Petitioner/Accused No.9 on bail pending disposal of Crime No.94/2024 of Koyyuru P.S., AIluri Sitharama Raju District and to pass counsel for the petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/comp[?inant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal. Petit'lon, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2O23, has been filed by the petitioner/A9, seeking bail, in Crime No.94/2024 of Koyyuru Police Station, A.S.R. District. _----`` ___--.-.-----. - ..---=€RE~. czzz? \_ -'-__---_I___ '' 2. A case has been registered against the petitioner and others for,the I offences punishable u/Secs.111(2)(b) B.N.S. and Sec.20(b)(ii)(C), 25 ,I 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{he prosecution,I in brief, is that, on 30.9.2024 at 10.00hours, on receipt of credible information, regarding illegal possession and . transportation of ganja, the S.I of Police, along with staff and mediators rushed to the outskirts of cheedipalem village and condu;ted vehicle checking. They noticed one motorcycle and two cars coming towards their from Budara'la side and on seeing police, the motorcyclist and two cars stopped at some distance and the inmates tried to escape.~ Then police apprehended two of them while five others escaped. On enquiry,`they . disclosed their identity particulars as that of Al and A2 and police people: - found 851 kgs of ganja in their possession. Police seized the contraband /, and other material and arrested the accused. They confessed the involvement of the petitioner/A9 in the commission of the offence. During, the course of investigation, police arrested the petition;r/Ag on 22.5.2025. 5. Perusedthe record. ,?giv~ 6. Learned counsel for the petitioner contends that a crime came'{o be registered on' 30.9.2024 and basing on the confession statement of co- accused, who were found. to be in possession of 851 Kgs of Ganja, this . HEZi rEZ?EF±FZ5i=:=:=::g `. --_.-.,---. . --- 3 petitioner was arrested on 22.5.2025 and since then he has been in judicial custody, as such, prayed tQ allow the Criminal Petition. 7. Learned Assistant public Prosecutor has not disput.ed 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 22.5.2025 basing oh 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 22.5.2025, this Court found that most of the investigation pertaining {o the role played by the pe{i{ioner in the commission of the offence would be completed. It is submitted that the petitioner is a permanent resident of chintapalli MandaI, as such 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. consI'dering 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/A9 herein sha" 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 offences under NDPS Act, Visakhapa+lnam; +,i--------- E=_ QiGis9 4 (j]') On release, the petitioner shall appear before the Station House Officer concerned on every sunday between 10.00am and 01.00pm, 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. ASSISTANT Sd/- U. SKI DE=Vi For/ //TRUE COPY// SECTION OFF--ICER ) __. i_I:J_| 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, Koyyuru Police Station, AI!uri Sitharama Raju District 4. One CC to SRI. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy bsR `~--- Qtry HIGH COURT TMR,J DATED:ll/07/2025 BAIL ORDER CRLP.No.6847 of 2025 ALLOWED S~±:LI\.:::.{rfu> ' , -.-