Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRD DAY OF SEPTEMBER. TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7471 OF 2025 Between: Pangi Govindh Rao, S/o Gundanna, Aged 19 Years C/ST Naik, Magaburugu V. Luvvasingi Post, Kora pilli Panchayat, G Mamidada Mandal ASR District. (A-4) Petitioner/Accused-A-4 \ AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. Respondent/Complainant Petition under Section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to release the petitioners on bail in Cr.No 46/2025 Jaggampeta station. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. KOPPISETTI PARVATI DEVI, Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following ORDER:
2 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. 4 on bail in crime No. 46 of 2025 of Jaggampeta Police Station, Kakinada District, 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 (for short, 'the NDPS Act'). 2. Case of the prosecution is that on 04-03-2025 at 2.30 p.m. in flat No. 1596, Jagananna Colony, outskirt of Jaggampeta Village and Mandal, the Sub Inspector of Police, Jaggampeta Police Station, along with his staff and mediators conducted raid and found accused Nos. 1 to 8 while they were transporting 492.800 K.Gs. of Ganja. Thereafter, the police arrested accused Nos. 1 to 8 and remanded them to judicial custody. Smt. K.Parvathi Devi, learned counsel for the petitioner, contends that the petitioner is innocent 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
3. 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.
3 Per contra, Ms. Akhila Naidu, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still undenA/ay and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. foregoing, it is urged that the petition be dismissed. 4. In view of the
5. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record. As per the case of prosecution, the allegation against the petitioner- accused No. 4 is that he along with other accused indulged in dealing with 492 K.Gs. of Ganja which is not only a commercial quantity but also a colossal quantity. The petitioner was arrested on 04-03-2025. He has been in judicial custody for the past 184 days. After thorough investigation in this case, charge sheet has already been filed. Hence, rigor of Sections 36 (A) (4) and 37 of the NDPS Act would not attract. It takes considerable length of time for taking up the case for trial before learned trial Court. Keeping the petitioner until such indefinite period in judicial custody is neither found convincing nor reasonable. Accused Nos. 2, 3 and 6 and 7 were already enlarged on bail by this Court by common order dated 01-09-2025 in Criminal Petition Nos. 7760, 7761, 7765 and 7766 of 2025 respectively. The petitioner-accused No. 4 is resident Magaburu'gu'Willage, Luvvasingi Post, Korapilli Panchayat, G. Mamidada Mandal, Alluri Sitharama Raju District. Material portion of the
6. 4 investigation is completed. 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. 7.
Considering the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioner-accused No. 4 and the period of judicial detention of the petitioner-accused No. 4, this Court is inclined to enlarge him on bail with the following stringent conditions: (i) The petitioner-accused No. 4 shall be enlarged on bail subject to his executing a bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) with two sureties for the like sum each to the satisfaction of learned Principal Junior Civil Judge - cum - Judicial I Class Magistrate, Peddapuram; (ii) The petitioner-accused No. 4 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. 4 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. 4 shall not commit or indulge in commission of any offence in future; !• ■■
5 (V) The petitioner-accused No. 4 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. 4 shall not, directly or indirectly make any inducement, threat promise to any person acquainted with the facts of the case so as to dissuade him/her or from disclosing such facts to the court or to any police officer; and (vii) The pehtioner-accused No. 4 shall surrender his passport, if any, to the investigating officer. If 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. SO/- K.SRf.^iVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Junior Civil Judge Cum Judicial Magistrate of First Class, Peddapuram
2. The Superintendent, Central Prison, Rajahmundry. 3. The Station House Officer, Jaggampeta Police Station, East Godavari District. 4.
One CC to Sri. KOPPISETTI PARVATI DEVI, Advocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT]
6. One spare copy JSS
HIGH COURT DR.YLR, J DATED:03/09/2025' BAIL ORDER CRLP.No.7471 of 2025 7^ ALLOWED