ARAJALLA NARESH @ GUNDULAKI v. The State of Andhra Pradesh
CRLP/7521/2025 · 2025-07-24
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25793 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25793 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
`®- IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINALPETITION NO: 7521 OF2025 # Between :
1. ArajaIIa Naresh @ Gundulaki, S/o Yerranna @ Yerrayya, Age 22 years, R/o D.No.20-124-10, Bhajanakovela, GoIIa Veedhi, Visakhapatnam City.
2. Nadupuru Naveen, S/o Ramana, Age 25 years, R/o Salipeta, MothimahaI, Avanthi Towers, Visakhapatnam City. ... Petitioners/Accused No.2 & 3 AND The State of Andhra Pradesh, Through Station House Officer, I Town Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. Eii I.. Respondent/Complainan€ Petition under Section 437 & 439 of Cr.P.C,1973 is fI-led praying that in the circumstances stated in the affidavit filed in support of the Crl-minal ¢7; Petition, the High Court may be pleased to release the petitioner on Bail in COnneCtiOn With Crime No. 84 of 2025 on the file of the I Town Police Station Visakhatnam. 1 The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of SRI BANDI PRAVEENA Advocate for the petitioners, Assistant PubII-C Prosecutor for the respondent for the Respondent, the Court made the following.
ORDER
Dr. YLR, J CrI.P.No.7521 of 2025 Dated 25.07.2025 The Court made the fo[[owing:
ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity lthe Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevit-y £the BNSS'), seeking to enlarge the petitioners/Accused Nos.2 and 3 on bail in Cr.No.84 of 2025 of I Town Police Station, Visakhapatnam CommissI'Onerate, registered against the I petitioners/Accused Nos.2 and 3 herein for the offences punishable under Sections 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 is that on 16.05.2025 between 12:00 and 14:00 hours, on receipt of credible information, the Women Sub- lnspector of Police of I Town Police Station, along with the staff and mediators, proceeded to Ghat Road, Sri Satyanarayana Swamy Temple, KGH, I Towrl area, Visakhapatnam C;I'ty, and noticed a Person holding a brown plastic bag, who, on seeing the police, attempted to flee. The Sub-Inspector of Police apprehended him and identified him as A-1, and found in his possession 6 kg of ganja packed in three brown packets (2 =~ r=-` kg each) inside a gunny bag. The contraband was seized in the .,,,.-` ¢,J-,
3 Dr. YLR, J CrI.P.No.7521 of 2O25 Dated 25.07.2025 presence of mediators. During 'lnterrogation, A-1 confessed that he, I along with absconding co-accused A-2 to A-5, conspired to sell ganja to earn easy money. They pooled Rs.18,000/-and purchased the ganja at the Railway Station, which was initially kept at A-1's residence. On 16.05.2025, while A-1 was waiting at Ghat Road to distribute the ganja, he was apprehended. The arrest and seizure were carried out in the presence of mediators, and a report was drafted on the spot with the signatures of the accused and mediators. Llence, the FIR was . registered. 3. Ms.Bandi Praveena, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case; they are sole breadwinners of their family; they are ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioners on bail. 4.
Per cot,ira, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and I-t iS urged to dismjssJthe bail application. \ \` 4 Dr. YLR, J Crl.P.No.7521 of 2O25 Dated 25.07.2025
5. Heard the learned counsel for the petitioner and the learned AssI'Stant Public Prosecutor. Perused the record. 6, As seen from the record, the petitioners/Accused Nos.2 and 3 were arrayed as accused based on the confession of Accused No.1. The Accused No.1 was found in possession of 6 Kgs of Ganja. The PetitI'OnerS/Accused Nos.2 and 3 were arrested on 16.05.2025. They have been in judicial custody for the past 70 days. There are no adverse antecedents against the petitioners, as per the submission of the learned Assistant PublI-C Prosecutor, The material portion of the investl'gation is completed. All the witnesses are official witnesses. Hence, the questI®On of petI'tiOnerS tam`Pering the evidence and hampering the investigation would not arise. 7. Considering the gravity and nature of the allegations levelled against the petI'tiOnerS, their alleged role played I-n this case, and the Period Of detention they have undergone in judiCI-al Custody, this Court is inclined to enlarge the pe{l-tioners on bail with certain strI'ngent conditions. 8. In the result, the Criminal PetI'tiOn iS allowed with the following conditI'OnS: -t-.` ~qr¥
5 Dr. YLR, I CrI.P.No.7521 of 2025 Dclted 25.07.2025 i. The petitioners/Accused Nos.2 and 3 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.10,000/-(Rupees Ten Thousand only), each with two sureties for the like sum each to the sat'lsfaction of the learned Chief Judicial Mag'lstrate, Visakhapatnam. ii. The petitioners/Accused Nos.2 and 3 shall appear before the station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till the filing of charge sheet. -lil.
The petitioners/Accused Nos.2 and 3 shall not leave the limits of the Distr'lct without prior permission from the I nvestigating Officer. iv. The petitioners/Accused Nos.2 and 3 shall not commit or indulge in similar offences in future. v. The petit-loners/Accused Nos.2 and 3 shall cooperate with the investigat'lng officer in further investigation of the case and shall be available to the investigating officer aS and when required by him. r--.A-`,-.`-``, . `..ul, //TRUE COPY// _, / '- sD/-K.J.RAJA BABU ASSISTANT#TRAR SECTION OFFICER
_-_''`-''''' '-+ / To, ksr
1. The ChiefJudicI-al Magistrate, Visakhapatnam. 7#
2. The Metropolitan SessI'OnS Judge-Gum-I AdditI'OnaI District by Sessions Judge-Special Judge for Trial of Offences under NDPS Act, at Visakhapatnam. 3. The Superintendent, central Prison, VI'SakhaPatnam. zgap
4. The SHO, I Town Police Station, Viskhapatnam commissionerate. 5. OneCCto SRI. BANDI PRAVEENAAdvocate[OPUC] ffap
6. TwoCCsto PUBLIC PROSECUTOR, HighCourtofAndhra Z+p Pradesh.[OUT]
7. One spare copy E=
HIGH COURT DR.YLR, J DATED.. 25/07/2025 BAIL ORDER CRLP.No.7521 of 2O25 ALLOWED -I.%ife::i-.ti.I,.`€++,ir.r