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2025 DAILYLAW 25222 (AP)

Thambeli Laxmi v. The State of Andhra Pradesh

CRLP/7384/2025 · 2025-07-22

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3521 I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 7384 OF 2025 i+:tryI *=`.1`I Between : Thambeli Laxmi, W/o late Sathibabu Age 37, R/o Kattubannd Village Annavaram panchayati, chinthapaIIi MandaI, AIIuri Sitarama raju Dl'strict Petitioner/Accused No.1 AND The State ofAndhra Pradesh, through Station House officer, Golugonda Station, Vl-sakhapatnam Rep. by Public Prosecutor, High Court at Amaravati Respondent Petition under Sections 480 & 483 of BNSS (old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support Of the Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No.1 on bail in connection with Crime No. 56 of 2025 of Golugonda Police Station, Visakhapatnam. The petitl-on coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri RAMINENI SUDHEER, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following; APHCO10356602025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7384/2025 [3521] Between: THAMBELI LAXMI, W/O LATE SATHIBABU AGE 37, R/O KATTUBANND VILLAGE ANNAVARAM PANCHAYATl, CHINTHAPALLI MANDAL, ALLURI SITARAMA RAJU DISTRICT ".PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, through S'tation House officer, Golugonda Station, Visakhapatnam Rep. by Public Prosecutor, High Court at Amaravati ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release the petitioner/Accused No.1 on bail in connection with Crime No. 56 of 2025 of Golugonda Police Station, Visakhapatnam and pass Counsel for the Petitioner/accused= RAMINENI SUDHEER Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition has been filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS') and 437 & 439 of the Code of Criminal Procedure,1973 (for brevity {the cr.p.c), seeking _:_ 2 Dr.YLR,J CRL. P_No.7384/2025 to enlarge the petitI-Oner/Accused No.1 on bail I'n Cr.No.56 of 2O25 of Golugonda Police Station, AnakapaIII' District registered against the Petitioner/Accused No.1 herein for the offence punI-Shable under Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity {the NDPS Act'). 2. The case of the prosecution in nutshell is that, on 26.06.2025 at about 09:30 hours at Chittempadu road junction, Golugonda Mandal, Accused Nos.1 and 2 tried to flee the scene upon seeing the police while travelling on scooty. The Sub-Inspector and his staff apprehended them and conducted search of the Scooty. Upon examination, one packet of Ganja weighing about 2 kgs was found. The police seized 2 kgs of Ganja, two key pad phones and Activa Scooty vehicle bearing No.AP 39 SR 0478 and registered a case. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. I 4. Mr. Ramineni Sudheer, the learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely impII'Cated by the POliCe in the Crime; Petitioner iS the SOle breadwinner; petitioner would abide by any conditions to be imposed by this court; and urged to allow the petition. 5. Perconfra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioner is the habitual offender, some more material witnesses have to be examined; investigation is not tff5¥J 3 Dr.YLR,J CRL.P. No.7384/2025 completed; if the petitioner is enlarged on bail, she would not be available for the investigation and she would escape from the clutches of law,- and urged {o dismiss the bail petition. 6. As perthe case of the prosecution, the petitionerand herson, wh®owas of shown as Accused No.2, were travelling on moped, they were intercepted and found in possession of 2 kgs of Ganja. The contraband was seized while they were travelling on a motor moped which was drijen by Accused No.2. The contraband was found inside the Scooty. The petitioner is a lady, she was arrested on 26.06.2025 and ever since she has been in the judicial custody for the past 27 days. 7. Learned Assistant Public Prosecutor submits that there is one antecedent against the petI'tiOner V,-de Crime No.53 of 2024 under the provisions of fthe NDPS ActJ. 8. The petitioner is a lady and the contraband quantity is only 2 kgs. Considering the quantity of the seized contraband, nature and gravity of allegation levelled against the petitioner, and her alleged role in the case, this Court is inclined {o enlarge the petitioners on bail with the following stringent conditions: i. The petitioner/Accused No.1 shall be enlarged on bail subject {o she executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only), with two sureties each for the like sum each to a the satisfaction of the lea'rned I Additional District & Sessions \`---I G==-- Dr.YLRIJ CRL. P.No.7384/2O25 Judge - Special Judge for Trial of Offences under £the NDPS Act', Visakhapatnam. ii. The petitioner/Accused No.1 shall appear before the Station House Officer, Golugonda Police Station, Anakapalli, on every Saturday in between 10.loo am and o5:00 pm, tI'II COgniZanCe iS taken by the learned the Trial Court. iii. The petitI'Oner/Accused No.1 shall not leave the ll'mits of the '® District without prior permission from the learned I Additional District & Sessions Judge -Special Judge for Trial of Offences under [the NDPS ActJ, Visakhapatnam. iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make herself available for interrogation by the investigating officer as and when required. vi. The petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as {o dissuade him/her from disclosing such facts to the court or {o any police officer. vii. The petitioner/Accused No.1 shall surrender her passport, if any, to the investigating officer. If she claims that she does not {*--a5L-± -` riLffiE To, 5 Dr.YLR,J CRL.P. No.7384/2025 have a passport, she shall submit an affI-davit tO that effect to the Investigating Officer. Accordingly, the crimI-naI PetI-tl'On iS allowed. Sd/-N. NAGAMMA ASSISTANT For ASSISTANT REGIS-TRAR //TRUE COPY// RZIRA R 1. The AddI'tI'OnaI Judicial First-class Magistrate at visakhapatnam 2. The I Additional District & sessions Judge-special Judge for TrI-al Of Offences under NDPS Act, Visakhapatnam 3. The Superintendent, central JaI'I, Visakhapatnam 4. The Stat]|on House off]|cer, Golugonda police Station, AnakapaIIi, Visakhapatnam 5. One CC to SRl. RAMINENI SUDHEER Advocate [opuc] 6. Two CCs to Public Prosecutor, High Court ofAP [OUT] 7. One spare copy KJ HIGH COURT DR.YLRJ DATED :23/07/2025 BAIL ORDER CRLP.NoI7384 of 2025 ALLOWED