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2025 DAILYLAW 23803 (AP)

K. Dinamani v. The State of Andhra Pradesh

CRLP/6979/2025 · 2025-07-14

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

s -€z5frFCZS£Sg lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY ,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT.- THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6979 OF 2025 Betwee n : [3521 I K. Dinamani, , S/o. Kodhantan Aged 33 years, R/o. ChI-lliyamman Kovil Street, Thalaiyaripalyam, EIaver, Tiruvaliur, Gunnmidipoondi, Tamilnadu State. Petitioner/Accused-3 AND The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh. Respondent/Complajnant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated Ion the affidavit filed in support of the Criminal PetI-lion, the High Court may be pleased to enlarge the petitioner/A3 on bail in Crime No. 95 of 2024, dt.16-12-2024 on the file of Chinturu PoII'Ce Station, Alluri Sitharama Raju District COUNSEL FOR THE PETITIONER : SRl. KADIYAM NEELAKANTESWARA RAO COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER \ _ Dr.YLR, I Crl.P.No.6979 of 2025 Dated 15.O7.2025 The Court made the following: ORDER: The Criminal Petition has been fl'led under sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity [the Cr.P.C.I)/ Sections 480 and 483 of the' Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevI-ty {the BNSS'), seeking to enlarge the petitioner/Accused No.3 on bail in Cr.No.95 of 2024 of Chintoor Police Station, AIIuri Sitharama, Raju District, registered against the petitioner/Accused No.3 herein for the offences punishable under sections 8(c) I/w 20(b)(ii)(C) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity lthe NDPS Act'). 2. Provenance of the case of the prosecution is that on 16.12.2024, the petitioner along with other accused were found in possession and transportation of 50 KGs of Ganja in two plastic bags. The S.I of Police, Chinturu Police Slat-Ion, apprehended the petitioner and seized contraband under the cover of medI-atOrS report. The petitioner was sent to judicial custody on 17.12.2024. 3. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri K. Neelakanteswara Rao, learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner is innocent; 3 Dr.YLR, J Crl.P.No.6979 of 2025 Dated 15.07.2025 petitioner was falsely implicated, he.would abide by any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. 5. Per confra, Ms. -P. Akhila Naidu, the learned Assistant Public Prosecutor, submits that 50 Kgs of Ganja was found in the possession of the petitioner, valued a{ Rs.2,50,000/-; the investigation is underway and he urged the Court to pass appropriate orders in view of the completion of the statutory period in judicial custody by the petitioner. 6. On perusal of the record, the petitioner was arrested on 17.12.2024, ever since he has been in the judicial custody for more than 180 days. The investigatl-on in this case is not completed and charge sheet is not filed. 7. In view of the nature of the allegations levelled against the petitioner in the complaint, the specific role played by the petitioner, and the perI-Od Of detention undergone by him in judicial custody, this court is inclined to enlarge the petitioner on bail with strict conditions. 8. ln the result, the criminal petition I'S 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.25,000/- (Rupees Twenty Five Thousand only), with two sureties for the like sum Dr.YLR,J Crl.P.No.6979 of2025 Dated 15.07.2025 each to the satisfaction of the learned I Additl-onaI JudicI'aI Magistrate of First Class, Rampachodavaram. ii. The petitioner/Accused No.3 shall appear before the Station House Offier, ChI'nturu Police Station, AllurI' Sitharama Raju District, on saturday once in two weeks in between 10.00 a.m., and 05.00 p.m., till the conclusion of the Trial. iil-. The petitioner/Accused No.3 shall not dI-reCtly or ind,'rectly influence of threaten or meet the witnesses including the de-facto complaI-nan{. sD/- K.SRINIVASA RAJU //TRUE COPY// I To] 1. The I Additional JudI-CiaI Magistrate of First class, Rampachodavaram 2. The Superintendent, Central Prison, Rampacodavaram 3. The Station House officer, Chinturu Police Station, Alluri Sitharama Raju District 4. One CC to SRl. KADIYAM NEELAKANTESWARA RAO Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 6. One spare copy Ii?, HIGH COURT DR.YLR,J DATED:15/07/2025 BAIL ORDER CRLP.No.6979 of 2025 ALLOWED -*ra±\_-±1giv-+ =_ \1