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2025 DAILYLAW 24839 (AP)

Dasari Krishna Vamsi alias Vamsi v. The State of Andhra Pradesh

CRLP/7287/2025 · 2025-09-02

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA,¥ WEDNESDAY ,THE THIRD DAY OF SEPTEMBER t;:I;#j TWO THOUSAND AND TWENTY FIVE ``S# :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7287 OF 2025 _ ,;I;=Jie¥-S:JS Between : Dasar-I Krishna Vamsi @ Vamsi, S/o. Veera Swamy, Aged 20, R/o D. No. 30-9-8, Badevari Street, Parchuri Appartments, Ramaravapedu Vijayawada. '\ Petitioner/Accused No.3 AND The State of Andhra Pradesh (on the file of the SHO, Governorpet P.S. Commissionerate, Vijayawa`da, NTR District) rep.by its Public Prosecutor, High Court of A.P., Amaravati Respondent petition under sections 480 a 483 of BNSS, 2023 and 437 & 439 of cr.p.c is filed praying that in th6 circumstances stated in the affidavit filed ih support of the Criminal Petition, the High Court may be pleased to grant Bail in Crime No. 52 of 2025 on the file of SHO, Governorpet P.S. NTR Commissionerate Vijayawada, and to release the Petitioner/Accused No.3. in the interest of justice. The petition/Appeal coming Qn for hearing, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments Of Sri KAVATI NARESH Advocate for +the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. ORDER.. This Criminal Petition has been filed under sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023., seeking to enlarge the petitioner- accused No. 3 on bail in crime No. 52 of 2025 of Governorpet Police Station, N.T.R. CommI'SSiOnerate, registered for the Offence Punishable under Section 20 (b) (ii) (C) read with Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution is that on 12-06-2025 atabout 5.15 p.m. to 9 P.m. at Mud Road, B`eside Rivas Canal, Backside of old Government Hospital Road, Hanumanpet, Vijayawada, on reliable information, the Sub Inspector of Police, Governorpet Police Station, along with his staff and mediators apprehended accused Nos. 2 to 5 while they were I-n possession Of 21 K.Gs. of Ganja. I{ is the further case of prosecution that accused Nos. 1 and 6 to 9 escaped from the scene . 3. Sri K.Naresh, learned counsel for the petitioner, contends that the petitioner is I'nnOCent Of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this -Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. E=_ 4. Per cot,fro, Ms. Akhila Naidu, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioner, submitting that the I investigation is still underway and several material witnesses remain to be examI'ned. It is contended that if the petitioner is released on bail at this stage, there is a strong ll-kelihood that he may abscond, thereby hampering the ongol-ng investigation and evading the process of law. ln view of the foregoing, it is urged that the petition be dismissed. 5. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record. '\ 6. As per the case of prosecution, the allegation against the petitioner- accused No. 3 is that he along with other accused indulged in dealing with 21 K.Gs. of Ganja. After inventory was conducted by learned jurisdictional magistrate, it was noticed that the weight of the seized contraband is 20.480 K.Gs., that means, 480 Grams above the commercial quantity. of course, the investigating officials found 4 K.Gs. of Ganja from the possession of the petitioner-accused No. 3. There are no adverse antecedents reported against the petitioner-accused No. 3. The petitioner was arrested on 12-06-2025. He has been in judicial custody for the past 84 days. The petitioner is permanent resident of Ramavarappadu, Vijayawada. He has got fixed abode. I Material portion of the investigation is completed. prime witnesses have been examined. All the witnesses are official witnesses. Therefore, the chances of the petitioner threatening the witnesses or hampering the investigation or tampering the evidence may not arise. The period for custodial interrogation of the petitioner has also expired. 7. Considering the facts and circumstances Of the Case and the nature and gravity of the allegations levelled against the petitioner-accused No. 3 and his alleged role, this court is -Inclined to enlarge h-lm on bail with the following stringent conditions-. (i) ` The petitioner-accused No. 3 shall be enlarged on ba'll subjectto his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thodsand only) with two sureties for the like sum each to the satisfaction of learned []l Additional Chief Judicial Mag-lstrate, Vijayawada ; (ii) The pet-ltioner-accused No. 3 shall appear before the Station House Officer concerned on every Saturday in between 10 a.m. and 5 p.m. till cognizance is taken by learned the trial Court; (iii) The petitioner-accused No. 3 shall not leave the limits of the district without prior permission from the investigating officer until the charge sheet is filed; (iv) The petitioner-accused No. 3 shall not commit or indulge in commission of any offence -ln future; -_~- (v) The petitioner-accused No. 3 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required; (vi) The petitioner-accused No. 3 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or {o any police officer; and (vii) The pefltioner-accused No. 3 shall surrender his passport, if any, to the investigating officer. lf he claims that he does not have a passport, he shall submit an affidavit to that effect to the investigating officer. 8. The criminal petition is accordingly allowed. //TRUE COPY// Sd/-!{.TAT.;fi i?.4`O DEPUT`Y F3.EGiSTRAR SECT!o# oF F ICE_# ForJ To, 1. The III Additional chief Judicial Magistrate, vijayawada. 2. The Superintendent, District Jail, Nellore. 3. The Station House Officer, Governorpet p.s. NTR Commissjonerate Vijayawada. 4. One CC to SRl. KAVATI NARESH Advocate [OPUC] 5. Two cos to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 6. One spare copy L----------` HIGH COURT DR.YLR,J DATED:03/09/2025 '\ BAIL ORDER CRLP.No.7287 of 2025 ALLOWED nggr`llun € E&€lf` \ EL \t\ \\T\ f¥;a p, \ =£;\-;\,i gb'//( ; _t