e`-i- ~>. . \\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATL I/ WEDNESDAY, THE FIFTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO: 61 OF 2025 Betwee n : Kalathoti Gopi, S/o Thirupathaiah, aged about 21 years, R/o Seetha Nagar, Vinukonda Town and Mandal, Guntur Distrl®ct, now palnadu District (A5) ...Petitl-oner/A5 AND The State Station House Officer, Peddaraveedu police Station, Prakasam District, Thorough its Public Prosecutor, Hl'gh Court ofA.P., Amaravathi ...Respondent PetitI'On under Section 480 & 483 of BNSS Act 2023 is filed Praying that in the cl'rcumstances stated Ion memorandum of grounds of Criminal Petition, the High Court may be pleased to release the Petitioner/A5 on bail in connection wl-th crl'me No.129 of 2024 of Peddaraveedu police Station, Prakasam District; The petition coming on for hearing, upon perusing the petI'tiOn and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Venkata Durga Rao Anantha, Advocate for the Petitioner and Public Prosecutor for the Respondent; I/ THE HON'BLE SRI JUSTICE NYAPATHY VIJAY Crl.P.No.61 of 2025 ORDER: 1. The present application is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the Accused No.5 in Cr.No.129 of 2024 of Peddaraveedu Police Station, Prakasam District. The Crime was registered for the offences under sections 8(c) r/w 20(b)(ii)(B) of NDPS Act,1985. 3. This is the second bail application by the Petitioner. Earlier, the Petitioner had filed bail `application and later it was withdrawn by order dated 06.12.2024. 4. As per the case of the Prosecution, on receipt of information about illegal possession of ganja, the respondent police along with mediators reached behind Glory Church, beside Guntur-Kurnool Highway, Hanuman Junction Kunta Village, Peddaraveedu Mandal on 2.09.2004 at about 13.30 hours and found A.1 to A.6 gathered at the spot along with four bags and on enquiry, the accused voluntarily confessed that the bags were filled with ganja weighing about 39.515 kgs and they gathered there to distribute the same for the purpose of selling. -`_-----, i. J\r- ( _|<. LgIL|IL= r/ 5. Heard Sri K.R.Srinivas, learned counsel for the Petitioner, and the learned Ass-lstant Public Prosecutor appearing for the Respondent-State. 6. Learned counsel for the Petitioner submitted that no contraband was seized from him and that substantial investigation was completed. It is further contended that Since the Petitioner is under detention for nearly 157 days, further detention iS not required in view of the completion of the investigation, but for apprehension of Accused No.7. 7. Learned Public Prosecutor though opposed the application, did not dispute the fact that the investigation is substantially completed, but submitted that charge sheet Was not filed for want of Accused No.7, who is the supplier Of the contraband. lt iS also submitted that RFSL report is yet tO be received from the investigating authority. 8. Perused the record. 9. Considering that investigation is substantially completed and only awaiting RFSL report and securing the Presence Of A.7, the detention of the petitioner is not required any further since he has been under detention from nearly 157 days as on date, the petitioner/A.5 is entitled t6 be enlarged on bail, on the following conditions:- €\ fa* . ,-,j3gr4 J| (i) The Petitioner/Accused No.5 shall be released on executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Additional Judicial First CIass Magistrate, Markapur, Prakasam District. (ii) On release, the Petitioner shall appear before the Station House Officer concerned, once in a month till conclusion of trial. (iii) The Petitioner shall not directly or indirectly contact orthreaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation. lt is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. (iv) The Petitioner shall not go beyond the jurisdiction of the prakasam District and he shall make himself available of his ldcation through mobile phone by pairing it with the mobile phone of the Investigating Officer as held by the Hon'ble Supreme Court in the case of puranmaI Jat v. State of Rajasthan1. 12023 SCC Online SC 1418 l=-I I,\\ ? I EHEEEEEEEEEinL_ 10. Wl-th the above condjtl.ons, the criml|nal petjtI'On I-S allowed, consequentlyJ miscellaneous applI'CatjOnS, if any, pendl-ng shaH Stand closed. A /ITRUE COPY// For A! To, SD/-K.TATA RAO DEPUTY R,EGISTRAR fgrof SECTrON OFFICER 1, The Addl'tional Jud,'cial Magl'strate of First Class, Markapur, Prakasam District. 2. The superintendent, Dl'strjct Jail, Ongole. 3, The station House officer, peddaraveedu police station, Prakasam District. 4- One cc to sri. venkata Durga Rao Anantha, Advocate [opuc] 5. Two cos to public prosecutor, Hl-gh Court ofAP [OUT] 6. One spare copy ii= iiiE L- `\ HIGH COURT VN,J DATED :05/02/2025 ORDER CRLP.No.61 of 2025 ALLOWED