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High Court of Andhra Pradesh · body

2025 DAILYLAW 23550 (AP)

Perumala Srinu v. The State of AP

CRLP/6983/2025 · 2025-07-14

Y Lakshmana Rao

body2025

Judgment text

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lN THE HIGH COURT OF ANDHRA PRADESH AT AM TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RACpe:i555 CRIMINAL PETITION NO: 6983 OF 2025 Between : Perumala Srinu, S/o.Manthu @ Mahadev, Aged 42` years, R/a.C.Colony, Aruk valley, Aruku Valley, Alluri Sitarama Raju District. ...Petitioner/A.3 AND The State of AP, Rep. By its Public Prosecutor, High Court ofA.P., Amaravati, Through Station House Officer, Tenali Rural Police Station. .I.Respondent Petition under Section 480 & 483 of BNSS (Old Section 437 and 439 of Cr.P.C.) is filed 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/A.3 on Regular Bail in connection with Crime No.292/2023 on the file of Tenali Rural Police Station, dated:20.12-2023. The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI CHALAMALASETTI ANIL KUMAR Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following. ORDER: Dr.YLR, J Crl.P.No.6983 of 2025 Dated 15.07.2025 The Court,`*made the following: ORDER: The Criminal Petition has been fl'Ied under Sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity lthe Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS]), seeking to enlarge the petitioner/Accused No.3 on bail in Cr.No.292 of 2023 of Tenali Rural Police Station, Guntur District, registered agaI-nS{ the petitioner/Accused No.3 herein for the offences punishable under Sections 8(c) r/w 20(b)(ii)(A) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity fthe NDPS Act'). 2. The case of the prosecution jsthat on 20.12.2023 at about 10.00 a.mw the Inspector of Police, Tenali Rural Circle, on credible information, he along with his staff and two mediators rushed near to Adharsh School, Main Road, Khajipeta Village, Tenali Mandal and caught hold Accused No.1 who was in possession Of 700 grams of Ganja worth of Rs.7000/-. On questionI-ng, he confessed that on 13.12.2023 he along with Accused No.2 purchased 5 Kgs of Ganja from Accused No.3. Later, Accused No.4 and 5 purchased 2 Kgs of Ganja from Accused Nos.1 and 2. The petitioner herein i.e., Accused No.3 is apprehended and remanded to judicial custody on 09.O5.2O25. 3. Sri Chalamalasetti Anil Kumar, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely 3 Dr.YLR, J Crl.P.No.6983 of 2025 Dated 15.07.2025 implicated in this case; he is sole breadwinner of his family; he iS ready tO abide any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. 4. Per confra, Ms. P. Akhila Naidu, the learned Assistant Public prosecutor, submits that Accused Nos.1 and 2 purchased 5 Kgs of Ganja from the petitioner herein and petitioner herein is supplier of Ganja. lf the petitioner is enlarged on bail, he would commit more offences of similar nature; and urged to dismiss the bail petition. 5. Perused the record. 6. As seen from the record, the petitioner has been in judicial remand for the past 67 days. The allegation is that the petit'loner and other accused were found in transportation of Ganja weighing about 5 KGs. ln this case, the contraband is not commercial quantity. The petit'loner has got fixed abode in Araku Valley of Alluri Sitharamaraju District. The petitioner is nomad tribe. Though the learned Assistant Public Prosecutor submits that there is one antecedent against the petitioner in Crime No.47 of 2022 registered for the offence punishable under the NDPS Act, it is not sure that it was a commercial qua_r}.1jty_, and the major portion of investigation is completed. The petitioner was not in actual possession of the Ganja. Basing on the confessional statement of Accused No.1, the petitioner was shown as accused in this case. '-I \-`± i 4 Dr.YLR, J CrI.P.No.6983 of 2025 Dated 15.07.2025 The petitioner was arrested on o9.05.2025 on execution of PT warrant and he was produced before the learned II Additional Judicial Magistrate of First Class, Tenali. 7I Taking into consideratI|On Of the number Of dayS the Petitioner has been in judicial custody, the n-ature of allegation levelled agaI'nSt him, Stage Of the investigation and his alleged role in the case, this Court is inclined to enlarge the petitioner on bail. 8. This Court is of the opinion that if certain stringent conditions are imposed,on the petitioner for securing his presence before the learned Trial Court for trial, the interest of justice would be met. 9. In the- result, the Criminal Petition is allowed with the following conditions: i. The petitioner/Accused No.3 shall be enlarged on bail subject to executing a personal bond for a sum of Rs.10,000/-(Rupees Ten Thousand only), with two sureties for the like sum each {o the satisfaction of the learned l[ Additional Judicial Magistrate of First Class, Tenali. ii. The petitioner/Accused No.3 shall appear before the Investigation Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, until further orders. igrts -> C> - -h`--_r| 5 Dr.YLR, J Crl.P.No..6983 of 2O25 Dated 15.O7.2025 iii. The petitioner/Accused No.3 shall not leave the limits of the District without prior permission from the learned Trial Judge. iv. The petitioner/Accused No.3 shall notcommit or indulge in similar offences in future. v. The petitioner/Accused No.3 shall cooperate with the investigating officer in further investI'gatiOn Of the Case and Shall be available to the investigating officer as and when called. SD/-U. SRIDEVI //TRUE COPY// ASSISTANT R SECTION a STRAR To, 1. The Station House Officer, First Class Rural Police Station. 2. The lI Additional Judicial FI'rSt Class Magistrate at Tenali. 3. The Superintendent, Central Prison, Visakhapatnam. 4. One CC to SRI. CHALAMALASETTI ANIL KUMAR, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 6. One spare copy KN HIGH COURT DR.YLR,J DATED:15/07/2025 ORDER CRLP.No.6983 of 2025 ALLOWED se=~.` A a \uL\\t\