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2025 DAILYLAW 27500 (AP)

BIJJAM VENKATA SRIRAM REDDY v. The State of Andhra Pradesh

CRLP/7921/2025 · 2025-08-05

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE : PRESENT; THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7921 OF 2025 ■f* Between: Bijjam Venkata Sriram Reddy, {A1), S/o. Devendra Reddy, Aged 27 years R/o. Vengalareddipalem village, Giddalur Mandal, Prakasam District. Petitioner/Accused No.1 AND The State of Andhra Pradesh, Station House Officer, Giddalur Police Station, Prakasam District, Rep.by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati. Respondent Petition under Section 480 and 483 of BNSS, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition the High Court may be pleased to grant Bail to the petitioner/accused no.1 and enlarge him in F.I.R.No. 155 of 2025 of Giddalur Police Station, Prakasam District. Counsel for the Petitioner: Sri Koti Reddy Idamakanti, Advocate Counsel for the Respondent: Public Prosecutor, High Court of AP THE COURT MADE THE FOLLOWING ORDER 2 Dr. YLR, J CrLP.N0.7921 of2025 Dated 06.08.2025 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.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.1 on bail in Cr.No.155 of 2025 of Giddalur Police Station, Prakasam District, registered against the petitioner/Accused No.1 herein for the offences punishable under Section 8(c) read with 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 21.06.2025, on receipt of credible information regarding illegal possession of ganja, the police visited the suspected location, i.e., the closed ESSAR Petrol Bunk on the eastern side of Giddalur town, where they found all the accused in possession of 6.00 kgs of ganja. The contraband was seized under a mediatornama, and the petitioner along with the other accused \^s arrested and remanded to judicial custody. 3. Sri I. Koti Reddy, the 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 3 Dr. YLR, J Crl.P.No.7921 of2025 Dated 06.08.2025 earning member of the family and, therefore, his continued incarceration 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. 4. Per contra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still 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 ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. Heard the learned counsel for the petitioner and the learned Assistant 5. Public Prosecutor. Perused the record. 6. As seen from the record, it is alleged that the petitioner, along with the other accused, was found in possession of 1.00 Kg of ganja. The Investigating Officer recovered total 6.00 Kgs of Ganja from all the accused. The petitioner/Accused No.1 was arrested on 21.06.2025 and has been injudicial custody for the past 44 days. The learned Assistant Public Prosecutor has reported that there are no adverse antecedents against the petitioner. Material portion of the investigation is completed, and all the prosecution 4 Dr. YLR, J Crl.P.No.7921 of 2025 Dated 06.08.2025 witnesses are official witnesses. Hence, the question of the petitioner influencing or threatening the witnesses, or hampering the investigation, may not arise. Considering the period of detention undergone by the petitioner in 7. judicial custody for the past 44 days, the nature and gravity of allegation levelled against the petitioner, and his alleged role played in this case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions; The petitioner/Accused No.1 shall be enlarged on bail I. subject to he executing a personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Giddalur. ii. The petitioner/Accused No.1 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. 5 Dr. YLR, J CrI.P.N0.7921 of 2025 Dated 06.08.2025 iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.1 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.1 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. 8. Accordingly, the Criminal Petition is allowed. SD/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The I Addl. District & Sessions Judge, Special Court designated for trial of offences under NDPS Act, Ongole 2. The Addl. Judicial Magistrate of First Class, Giddalur. 3. The Station House Officer, GiddalurPolice Station, Prakasam District. 4. The Superintendent, District Jail, Ongole, Prakasam District. 5. One CC to Sri Koti Reddy Idamakanti, Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 7. One spare copy HIGH COURT DR.YLR, J DATED: 06/08/2025 BAIL ORDER CRLP.No.7921 of 2025 ALLOWED i '