Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 25492 (AP)

Tamanampudi Meera Reddy v. The State of Andhra Pradesh

CRLP/7422/2025 · 2025-07-23

Y Lakshmana Rao

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V; APHC010359002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7422 OF 2025 Between: Tamanampudi Meera Reddy, S/o. Subbi Reddy, aged 29 years, Occ. Agriculture, R/o. H.No. 6-243, Near BangaruPapamma Temple, Ravulapalem Village and Mandal, Dr.B.R. Ambedkar Konaseema District. ...Petitioner/Accused No.6 AND The State of Andhra Pradesh, Through S.H.O. Athreyapuram Police Station, Rep. by Public Prosecutor, High Court of AP at Amaravati. ...Respondent/Complainant Petition under Section 482 of BNSS (Section 438 of Cr.P.C.) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No. 6 on bail in the event of his arrest in connection with Crime/F.I.R.No. 139 of 2024 dated 04.06.2024 on the file of Station House Officer Athreyapuram Police Station, Dr.B.R. Ambedkar Konaseema District. Counsel for the Petitioner: SRI RAMBABU KOPPINEEDI Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following ORDER: APHC010359002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] 0!^ THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7422/2025 Between: TAMANAMPUDI MEERA REDDY, S/0. SUBBI REDDY, AGED 29 YEARS, OCC AGRICULTURE, R/0. H.NO. 6-243, NEAR BANGARUPAPAMMA TEMPLE, RAVULAPALEM VILLAGE AND MANDAL, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Through S.H.O.Athreyapuram Police Station Police Station, Rep. by Public Prosecutor, High Court of AP 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 Courtpleased to enlarge the Petitioner/Accused No. 6 on bail in the event of his arrest in connection with Crime/F.I.R.No. 139 of 2024 dated 04.06.2024 on the file of SHO Athreyapuram Police Station, Dr.B.R. Ambedkar Konaseema District and pass Counsel for the Petitioner/accused; 1.RAMBABU KOPPINEEDI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.6 for granting of pre-arrest bail in connection with Crime No. 139 of 2024 of Athreyapuram Police Station, Dr. B.R.Ambedkar Konaseema District, registered for the alleged offences punishable under Section 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 04.06.2024, on receipt of credible information regarding illegal possession of Ganja, the Sub-Inspector of Police, Atreyapuram, along with his staff and the Mandal Revenue Inspector, conducted a raid at Chikalipeta, Lolla Vilalge of Atreyapuram Mandal and took Accused Nos.1 to 6 into custody in the presence of mediators and seized 100 grams of Ganja. On the basis of the seizure and confession, the police registered a case in Crime No. 139 of 2024 of Athreyapuram Police Station, Dr. B.R.Ambedkar Konaseema District. 3. Sri Rambaby Koppineedi, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is ready to abide any conditions to be 3 imposed by this Court; and it is urged to grant pre-arrest bail to the petitioner/Accused No.6. 4. Per contra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of pre-arrest bail stating that investigation is not completed; if the petitioner is enlarged on pre-arrest bail, he would not be available for the investigation and he will repeat the same offence; and it is urged to dismiss the bail application. 5. Perused the record. 6. As seen from the record, the petitioner was arrayed in this case as Accused No.6 along with Accused No.5 based on the confession given by the accused Nos.1 to 4. The accused Nos.1 to 4 were found in possession of 100 grams of Ganja. 7. Learned counsel for the petitioner submits that father of the petitioner died two (02) days ago. He further submits that a learned Single Judge of this Court on 10.09.2024 in CRLP.No.4850 of 2024 enlarged the accused therein on pre-arrest bail. However, as per the judgment of the Hon’ble Apex Court in Special Leave to Appeal (Criminal) No.9540 of 2025, dated'07.07.2025 in the case of Dinesh Chander v. State of Haryana, in general Anticipatory Bail is not maintainable against the accused, who is involved in NDPS cases. 4 8. Considering the nature of allegations levelled against the petitioner and his alleged role in this case, this Court does not deem it fit to grant pre-arrest bail to the petitioner. However, the learned counsel for the petitioner requests this Court to grant liberty to the petitioner to surrender before the learned jurisdictional Magistrate concerned and an appropriate application for his release before the Special Court move concerned. 9. In the result, the Criminal Petition is disposed of granting liberty to the petitioner to surrender before the learned jurisdictional Magistrate concerned and move an appropriate application before the learned Special Court for enlarging him on bail. The learned Special Judge shall endeavour to dispose of the application on its own merits in accordance with law by giving due and sufficient opportunity of hearing to the learned Public Prosecutor before the learned Special Court and pass appropriate orders within a reasonable time, preferably in two (02) days. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer Athreyapuram Police Station, Dr.B.R. Ambedkar Konaseema District. 2. One CC to Sri. Rambabu Koppineedi, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravati. [OUT] 4. Two CD Copies Chp vna V 0 HIGH COURT DATED:24/07/2025 ORDER CRLP NO. 7422 OF 2025 01 AUG 2025 ^^sXMirtntSectig \5£SP«S o cn O' DISPOSING OF THE CRIMINAL PETITION