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2025 DAILYLAW 25009 (AP)

Karthik Andavar v. The State of Andhra Pradesh

CRLP/7323/2025 · 2025-07-21

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl TUESDAY, THE TWENTY SECOND DAY OF JUL TWOTHOUSANDANDTWENTY FIVE .+H: :PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 7323 OF 2025 Betwee n : 1. Karthik Andavar, S/o. Late Andavar, aged about 34 years, R/o. D.No.614/1, Bharathi Nagar School Veedhi, Tiruppur, Tiruppur District, Tamil Nadu State. 2. Deepen M, S/o. Marimuthu, aged about 34 years, R/o. D.NO.560A/3, Vijayapuri Road, Mela Theru, KovilapattI', lllupaiyurani Post, Thoothukudi District, Tamil Nadu State. ...Petitioners/Accused No.1, 2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under Section 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), 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 Petitioners/Accused No.1, 2 on bail pending disposal of Crime No.91/2025 of Narsipatnam Town P.S., Anakapalli District. Counsel forthe Petitioners : Sri Gollapalli Maheswara Rao Counsel for the Respondent : Assistant Public Prosecutor. The Court made the following ORDER: ur-, / THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7323/2025 ORDER: - The Criminal Petition has been filed under sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity fthe Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS'), seeking to enlarge the petI'tiOnerS/Accused No.1 and 2 on bail in Cr.No.91 of 2025 of Narsipatnam Town Police ,Sta-lion, Anakapalli District, registered against the petitioners/Accused Nos.1 and 2 herein for the offence punishable under Sections 20(b)(ii)9B), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity {the NDPS Actj). 2. The case of the prosecution is that on 13.05.2025, the Sub-Inspectorof Police Munchingiput Police Station, on receipt of credible informatl-on regarding the illegal possession and transportation of ganja, secured the Presence Of mediators, and inspected the vehicles. The Sub-Inspector of Police notI-Ced the Petitioners On Car coming from Chintapalli road towards Narsipatnam side, and on seeing the police, they tried to sculk away. The Sub-Inspector of police apprehended the petitioners/accused Nos.1 and 2 and found in their possessl-on 10 Kgs of Ganja seized them under a mediators' report and arrested them. 3. Heard learned counsel for the petitI-OnerS and the learned Assistant Public Prosecutor. 4. Sri G. Maheswara Rao, the learned counsel for the petitioners, submits that the petitioners have not committed any offence: thev were falselv -i Dr.YLR, J Crl.P.No.7323 of2025 Dated 22.07.2025 :en:adryge{othaeb:de:ItlaOnnyerSCOonnd:I:lps to be(I Imposed by {hls Court, and urged to 1 / 5. Per confra, Mr.Neelotphal Ganji, the learned AssI-Slant Public prosecutor, submits that the petitioners were found in possession of 10 Kgs of •-`.,:h`'~''.'`'~'''_i+ Ganja, which is not commercial quantity. However, it is submitted that there is one adverse antecedent against the Accused No.1, no adverse antecedent against the Accused No.2, and requested to pass appropriate orders. 6. Perused the record. 7, As seen from the record, the allegations against the petitioners/Accused Nos.1 and 2 is that they were indulgedlin possession and transportation of 10 Kgs df ganja, which is not commercialllin quantity. The petitioners have been in' the judicial custody for the past 69 days and they were arrested on 13.05.2025. The learned Assistant Public Prosecutor submits that there is one adverse antecedent against the Accused No.1, no adverse antecedent against the Accused No.2. The investl'gation in this case is not yet completed. 10. Keeping I'ntO COnSideratiOn the number Of days the Petitioners have been in judicial custody, the nature of the allegations levelled against them, and their alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with certain stringent conditions. ll. This Court is of the opinion that if certain stringent conditions are imposed on the petitioners for securing their presence before the learned Trial . r.nl ,rf fnr trial thf± intf]rae+ r`f il le+ira `^,A, ,lri h^ nth+ 3 Dr.YLR,J Crl.P.No.7323 of 2O25 Dated 22.07.2025 12. In the result, the CrI-minal Petition is allowed with the following conditions: i. The petitioners/A-1 and A-2 shall be enlarged on bail subject to them executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), each with two sureties for the like sum each to the satisfaction of the learned Additional Judicial I Class Magistrate, Narsipatnam. ji. The petitioners/ A-1 and A-2 shall appear before the Station House OffI'Cer, Narsipatnam Town Police Station, AnakapaIIi District, on every saturday in between 10.-00 am and 05:00 pm, tI-Il the conclusion of the Trial. iii. The petitioners/A-1 and A-2 shall not leave the lI-mitS Of the District without prior permission from the learned Trial Judge. iv. The petitioners/A-1 and A-2 shall not commit or indulge in simI'Iar offences in future. v. The petitioners/A-1 and A-2 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigatI'ng Officer aS and when called by him. sD/-N-NAGAMMA TRUE COPY,, ASsS:ScTT:oNapF-FGllcSETRRAR To, 1. The Additional Judicial First class Magistrate, Narsipatnam. 2. The Superintendent, central prison, visakhapatnam, visakhapatnam District. 3. The Station House Officer, Narsipatnam Town Police Station, Anakapalli District. HIGH COURT Dr.YLR,J DATED :22/07/2025 BAIL ORDER CRLP.No.7323 of 2025 ALLOWED