/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI i'. / If 'i’ ^ Vi., ^ .'V ;/ THURSDAY, THE FOURTEENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE v-, A’ j'"' \ =j„ ■lA W! V '#1 .f - / :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7965 OF 2025 Between: Konjomore Mahin, S/o. Konjomone, aged about 37 Years, R/o.Govindapuram Village, Chittur T.q. Palakkad District, Kerala State. ...Petitioner/Accused-2 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, 2023 is filed 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- 2 on bail in N.D.P.S. SC.05 of 2023 on the file of I Additional District and Sessions Judge at Rajamahendravaram (in crime no. 311 of 2021 of Alamuru Police Station); The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri Kakumanu Joji Amrutha Raju, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following; 2 \ ' 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.,’) and under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.2 on bail in Cr.No.311 of 2021 of Alamuru Police Station, East Godavari District registered against the petitioner/Accused No.2 herein for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). The case of the prosecution in nutshell is that on 16.12.2021 at about 2. 10:30 AM, on NH-16 near Anjaneyaswamy temple, Jonnada village, Alamuru Mandal, the Inspector of Police, Mandapeta Rural Circle, along with mediators and the Tahsildar, Alamuru, conducted vehicle checks based on credible information about illegal ganja transportation. They arrested A1: Jamaluddin Ashikke, Kerala, A2; Konjomore Mahin, Tamil Nadu, A3; Ravindra, Kerala. The accused were found transporting 360 KGS of ganja worth Rs.14,40,000/- in a Tata-407 bearing No.TN-37-Y-9822 worth Rs.3,50,000/- with the active support of A4: Kumar. The total seized property was valued at Rs. 17,90,000/-. The contraband and vehicle were seized under a mediator’s report in the presence of the Tahsildar. A case was registered accordingly, and the arrested persons were remanded to judicial custody. 'i Heard learned counsel for the petitioner and the learned Assistant 3. \ Public Prosecutor. Perused the record. 3 Sri Kakumanu Joji Amrutha Raju, the learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner falsely implicated 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. 4. was 5. Per contra, 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 petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. 6. As seen from the record, the petitioner was arrested and produced before the jurisdictional Court on execution of P.T. warrant on 03.04.2024. As the petitioner did not appear before the learned trial Court, a non-bailable warrant was issued against the petitioner on 05.09.2023. The charge sheet has already been filed in this case. It is likely to take a considerable length of time for the trial Court to complete the trial and deliver its verdict. The petitioner is the permanent resident of Palakkad District, Kerala State. If the petitioner is enlarged on bail with stringent conditions, he would not flee away from the clutches of the law, and interest of the justice would be served. Keeping in view of the period of detention undergone by the petitioner in judicial custody, the nature and gravity of allegation levelled against the 7. 4 petitioner, and his alleged role in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions. 8. In the result, the Criminal Petition is allowed with the following conditions: i. The petitioner/A-2 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Alamuru. ii. The petitioner/A-2 shall appear before the learned Judicial First Class Magistrate, Alamuru, on each and every adjournment without fail. SD/- K.SRINIVASA RAJU ASSISTANT Rl TRAR a SECTION OFFICER //TRUE COPY// Foi To, 1. The I Additional Sessions Judge, East Godavari at Rajamahendravaram. 2. The Judicial First Class Magistrate, Alamuru. 3. The Superintendent, Central Prison, Rajamahendravaram 4. The Station House Officer, Alamuru Police Station, B.R.Ambedkar District. 5. One CC to Sri. Kakumanu Joji Amrutha Raju, Advocate [OPUC] 6. Two CCs to Public Prosecutor, ;High Court of AP [OUT] 7. One spare copy MM HIGH COURT Dr.YLR,J DATED: 14/08/2025 ORDER CRLP.No.7965 of 2025 ALLOWED