Bonthu Nitish Kumar alias Babbu v. The State of Andhra Pradesh
CRLP/7124/2025 · 2025-07-16
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24361 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24361 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT:
HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7124 OF 2025 Between: Bonthu NI-fish Kumar alias Babbu, S/o. Varaprasad.,Aged 28 years, D.NO.59A- 18-13, FIatNo.71, 3rd Road, Teachers Colony, Fun Times Road, Vijayawada, N.TR District (Erstwhile Krishna District). .I.Petitioner/Accused No.3 AND The State of Andhra Pradesh, Rep by the station House Officer, Patamata police station, Rep through concerned courts Addl-tl-onaI PublI-C Prosecutor, District Court Buildings, Vijayawada, N.T.R District (Erstwhile Krishna District) ...Respondent/complainant Petition under sections 480 & 483 of BNSS, praying that in the circumstances stated in the memorandum of grounds filed in support of the crI'minal Petition, the High Court may be pleased to grant ba" to the Petitioner/A3 in connection with crime No. 287/2025 on the file of thel' patamata Police Station, VI'J-ayaWada for OffenCeS Punishable under Sections 8(c) r/w 22(b) of Narcotic Drugs and psychotropic substances Act, 1985 in the I'ntereSt OfjuStiCe, equity and good conscience. The Petition coming on for hearing, upon perusing the petI-tI-On and the memorandum of grounds filed I'n Support thereof and upon hearing the
arguments of SRI KILARU NITHIN KRISHNA Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following
• ngFT¥*." 2 Dr.YLR, CrI.P.No.7124 of 2025 Dated 17.07.2025 The Court made the following:
ORDER: The Criminal Petition has been filed 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 brevity fthe BNSS'), seeking to enlarge the petitioner/Accused No.3 on bail in Cr.No.287 of 2025 of Patamata Police Station, Vijayawada City, registered against the petitioner/Accused No.3 and +others for the offences punishable under Sections 8(C) I/w 20(b) of the of the Narcotic Drugs and psychotropic Substances Act,1985 (for brevity [the NDPS ActJ). 2. The.case of the prosecution is that on o4.06.2025 at 07.00 p.m., on reliable information about illegal transportation of Narcotic Drugs, the Sub- Inspector of Police, Patamata Police Station along with her staff and mediators while conductI-ng Vehicle Checking at Anjaneya Swamy Temple, Ramavarappadu, vijayawada, found Accused Nos.2 to 4 in possession of 33 grams of Crystal Meth Drug. They were arrested and remanded to judicial custody. The contraband along with other material were seized under the cover of mediators report. 3. Sri Kilaru Nithin Krishna, the learned counsel for the petitioner, submits that the petI|tiOner has not committed any Offence; he Was falsely implicated in this case; he is sole breadwinner of his family; he is ready to abide any I
Dr.YLR, J Crl.P.No.7124 of 2025 Dated 17.07.2025 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 petitioner herein along with other accused are found in possession of 33 grams of Crystal Meth Drug. 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. The petitionerwho is Accused No.3 and the otheraccused i.e., Accused Nos.2 and 4 were found in possession of crystal Meth Drug weighing about 33 grams in-toto, in four packets. The 33 grams of Crystal Meth is not a commercial quantity. It is submitted by the learned Assistant Public Prosecutor that there are no adverse antecedents against the petitioner. The petitioner has been in judicial custody for the past 42 days. 7. Taking into consideration of the-nature of allegations levelled against the petitioner, his alleged role in this case and the period of detention undergone by him, this Court is inclined ±o 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. 4 Dr.YLt\. Crl.P.No.7124 of 2025 Dated 17.07.2025
9. ln 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.50,000/- (Rupees Fl-fly Thousand only), with two sureties for the like sum each to the satisfaction of the learned IV, Additional Chief Judicial Magistrate, Vijayawada. ii. The petitioner/Accused No.3 shall appear before the lnvestI'gatiOn Officer concerned, on every saturday in between 10:00 am.and 05:00 pm, until further orders. iii. The petitioner/Accused No.3 shall not leave the limits of the DistrI'Ct Without Prior Permission from the learned Trial Judge. iv. The petitioner/Accused No.3 shall not commit or indulge in similar offences in future. v. The petitioner/Accused No.3 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called. sD/-K. KASIRAO AC},HAk! //TRUE COPY// Fo ASSISTAZZ5EGISTRAR To] SECTION OFFICER
1. The lV Additional Chief Judicial Magistrate, Vijayawada, Krishna District
2. The Superintendent, Distr-lot Jail, Nellore, SPSR Nellore District
3. The Station House Officer, Patamata Pol-Ice Station, Vijayawada. 4. One CC to SRl. KILARU NITHIN KRISHNAAdvocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh rn] lTl
HIGH COURT DR.YLR,J DATED..17/07/2025 BAIL ORDER CRLPINoI71,24 of 2025 ALLOWED k._. \_-`.'\=.--a-**+=-ro lx..I~-..-jL,_`