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2025 DAILYLAW 25806 (AP)

Arjala Dharan v. The State of Andhra Pradesh

CRLP/7659/2025 · 2025-08-10

Y Lakshmana Rao

body2025

Judgment text

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s,. f // [3521 I lN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATI MONDAY ,THE ELEVENTH DAY OF AUGUST .,£rf TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 7659 OF 2025 Between : Arjala Dharan, s/o Ammoru^Late Aged 29 Years R/o D.no. 36-99-185, Ramjj Estate, Kancharapalem, visakhapatnam. tJ Petitioner/Accused-A-3 The State ofAndhra prades`h, Rep. by its public Prosecutor, High Court of Judicature of Andhra pradesh at Amaravati. AND Respondent/complainant . petition under sectl-on 480 & 483 of BNSS js filed prayI-ng that in the cI'rCumStanCeS Stated jn the affidavit fl-led in support of the criminal Petition, the High Court may be pleased to release the petitioner on bail in Cr. No 202/2025, Kancharapalem , police station visakhapatnam. The petition/Appeal coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri KOPPISETTI PARVATI DEV! Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the followI-ng. / i APHCO10364882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special original Jurisdiction) MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO.- 7659/2025 [3521] Betwee n : ARJALA DHARAN, S/O AMMORU LATE AGED 29 YEARS R/O D.NO. 36-99-185, RAMJI ESTATE, KANCHARAPALEM, VISAKHAPATNAM. ..|pET]TIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High court of Judicature of Andhra Pradesh at Amaravat'I. ...RESPONDENT/COMPLAINANT counsel for the Petitioner/accused: KOPPISETTI PARVATI DEVI counsel for the Respondent/COmPIainant: PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the code of criminal procedure,1973 (for brevity [the Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking to enlarge the Petitioner/Accused No.3 on bail in I- Dr. YLR, J Crl.P.No.7659 of 2025 Dated: ll.08.2025 Cr.No.202 of 2025 of Kancharapalem police Station, Visakhapatnam Commissionerate, registered against the petitioner/Accused No.3 herein for the often;es punishable under Section 20 (b) (ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity lthe NDPS Actl). 2. The case of the prosecution is that on o9.06.2025, on receipt of cred`ible information regarding th? illegal posses_sion and transportation of ganja, the Sub-Inspector of Police, Kancharapalem Police Station, along t/ with his staff, secured the presence of medI'atOrS, rushed tO ITI Junction, Kancharapalem, to the place between skoda and Hamza Showroom, and started conducting vehicle checking. The poll'ce noticed one car coming towards them, intercepted the car, and apprehended its occupants. During interrogation, Accused Nos. 1 to 3 disclosed theI'r identity Particulars, and in their possessl'on the police seized 3 kgs of ganja under the cover of a mediators] report and arrested them. 3. Sri Kopisetti Parvathigi Devi, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. lt is further submitted that his continued incarceration woulcl cause undue hardship to his dependents. lt is further submits that for the past 60 days the petitioner has been in the judicial custody. The petitioner undertakes to strictly adhere to any conditions that Dr. YLR, J CrI.P.No.7659 of 2025 Dclted: ll.08.2025 may be -Imposed by this Court. ln light of the foregoi~ng, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per confra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecu{Qr vehemently opposed the grant of bail to the petitioner, submitting that the investigation is sti[[ underway 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 A ongoing investigation and evading the process of law. The learned Assistant ®/ Public Prosecutor further submits that there are altogether five adverse antecedents against the petitioner, out of which one case is pertaining to NDPS case in Cr.No.818 of 2020 of Pendurthy Police Station, the other four offences are lPC offences; and the petitioner was arrested on the spot, and it is urged to dismiss the petition. 5. Heard the learned counsel for the petit'loner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner is aged about 29 years and has a fixed abode. He is a resident of Ramji Estate, Kancharapalem, Visakhapatnam. The petitioner was arrested on 09.06.2025 and has been in jud-lcial custody for more than 60 days. The petitioner/Accused No.3 was -indulged in the transportation and possession of 3 kgs of ganja. Although it is I- Dr. YLR, J Crl.P.No.7659 of 2025 Dated: ll.08.2025 a non-commercial quantity, the allegation against the petitioner is that he is a seller of the contraband. 7. ConsI|dering the period of detention undergone by the petitioner/Accused No.3 in judicial custody for the past 60 days, the nature and gravity of allegation levelled against the petitl-oner, and his alleged role played I-n the Case, this Court is inclI'ned tO enlarge the petitioner on bail with the following strIIngent conditions.I i. The petitioner/Accused No.3 shall be enlarged on baI'l tJ subject to he executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), wI-th two Suretl-eS each for the like sum each to the satisfaction of the learned VII Additional Metropolitan MagI-Strafe at Visakhapatnam. ii. The petitioner/Accused No.3 shall appear before the Station House OffI'Cer COnCerned On every Saturday in between 10.loo am and o5:00 pm, till cognI'ZanCe iS taken by the learned the Trial Court. ill-. The petitioner/Accused No.3 shall not leave the lI'mitS Of the District without prior permI'SSI'On from the Station House Officer concerned.+ iv. The petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. 5 Dr. YLR, J Crl.P.No.7659 of 2025 Dated: ll.08.2025 v. The petitioner/Accused No.3 shall Cooperate With the investigating offI'Cer ®ln 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.3 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vii. The petitioner/Accused Nor3 shall surrender his passport, if any, to the investigating officer, lf he claims that he does not have a passport, he shall subm-It an affidavit tO that effect tO the Investigating Officer. 8. Accordingly, the Criminal Petition is allowed. //TRUE COPY// I ASsd:isSsTH#FDsFi:A:FR: To, 1. The Vll Additional Metropoli`ta'n Magistrate, Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, KancharaPalem Police Station V'lsakhapatnam. 4. One CC to SRl. KOPPISETTI PARVATI DEVI Advocate [OPUC] 5. Two CCs to Public Prosecutor, H-lgh Coult ofA.P., Amaravati [OUT]. HIGH COURT DR.YLR,J DATED:ll /08/2025 BAIL ORDER CRLP.No|7659 of 2025 ALLOWED