i TWO THOUSAND AND TWENTY FIVE Aged about 38 [3521] ^-V- <■ "f-t, A'.'^ £ ‘‘ ’'^S.-=■ y; Hi*" ■/;: Between: Tamn Kumar, S/o Mahesh Chan . Hathras, Uttar Pradesh State years, R/o Sikindram Petitioner/A-1 AND The State of Andhra Pradesh, Represented by its Public Prosecutor Court of Andhra Pradesh High Respondent/Complainant and 439 of Cr.P.C(New Sections 480 Sanhita,2023), is filed praying that in the in the memorandum of grounds filed the High Court Petition under Sections 437 and 483 of Bharatiya Nagarik Suraksha circumstances stated i the Criminal Petition in support of may be pleased to enlarge the petitioner/A-1 on bail in connection with Crime on the file of the Kirlampudi Police Station, No. 1 of 2025, dt. 01-01-2025 Kakinada District. The petition coming on for hearing, upon memorandum of grounds filed i perusing the Petition and the upon hearing the Advocate for the the Court made in support thereof and arguments of Sri KADIYAM Petitioner and of PUBLIC the following NEEUKANTESWARA RAO PROSECUTOR for Respondent, ORDER % 2 4-- ^4 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 Crime No.1 of 2025 of Kirlampudi Police Station, Kakinada District, registered against the petitioner/Accused No.1 herein for the offences punishable under Section 109 (1) read with Section 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for brevity ‘the BNS’) and Section 8(c) read with 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on receipt of credible information about illegal transportation and possession of ganja, on the intervening night of 31.12.2024/01.01.2025 at about 12.15 AM, on NH-16 road near Toll Plaza, NHAI, Krishnavaram Village, Kirlampudi Mandal, while the police party conducting vehicle check, they stopped a white coloured car bearing No.UP 81 BD 4243 and when they were about to check the the driver and another person in the car with an intention to kill the police personnel drove the car rapidly and hit them and escaped from the scene of offence and proceeded towards Rajamahendravaram. The police personnel got injured and joined in Sai Super Specialty Hospital, Rajahmundry for treatment. Further, on receipt of credible information car. 3 regarding illegal possession and transportation of ganja in the aforementioned car, the police apprehended Accused Nos.1 to 4 and found them in possession and transportation of 68.6 Kgs of ganja in the car. The police seized the contraband under the cover of a mediators’ report and registered an FIR. During the course of investigation, accused were apprehended and remanded to judicial custody. Mr.K.Neelakanteswara Rao, the learned counsel for the petitioner 3. /Accused No.1 contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. The petitioner is the only bread winner of his family and he undertakes to strictly adhere to any conditions that may be imposed by this Court. Learned counsel further submits that the petitioner was arrested on 02.01.2025 and he has been in judicial custody for the past 228 days for allegedly indulged in 68.6 Kgs of ganja transportation and possession and it is urged to enlarge the petitioner/Accused No.1 on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that investigation is completed and charge sheet was filed. She further submits that the contraband alleged to be seized from the petitioner is commercial quantity and that the petitioner herein is resident of Uttar Pradesh State, and it is urged to dismiss the bail application. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4 6. As seen from the record, the petitioner/Accused No.1 was arrested on 02.01.2025 and he has been in judicial custody for the past 228 days. The petitioner is permanent resident of Hathras, Uttar Pradesh State. Accused No.2 was enlarged on bail 25.06.2025 in Crl.P.No.4733 of 2025. The Investigating Officer after conducting investigation filed charge sheet on 08.06.2025 and the same is numbered as NDPS SC No.248 of 2025. Even though the accusation is well founded against the petitioner, keeping the petitioner for indefinite period as undertrial prisoner in the judicial custody will not serve any purpose. It takes considerable length of time for the learned trial Court to dispose of the case in accordance with law. Considering the gravity and nature of the offence, the allegations levelled against the petitioner/Accused No.1, the alleged role played by the petitioner and the period of detention undergone by him, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: 7. i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only), with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Prathipadu. ii. The petitioner/Accused No.1 shall appear before the learned the Trial Court for each and every adjournment and shall cooperate with the trial. 5 iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. The petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to 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, vi. The petitioner/Accused No.1 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. Accordingly, the Criminal Petition is allowed. IV. V. any person 8. SD/-G.HELANAIDU assistant R ' SECTION OFFICER ISTRAR //TRUE COPY// I To, 1. The Judicial Magistrate of First Class, Prathipadu. 2. The Superintendent,Central Prison, Rajamahendravaram. 3. The SHO., Kirlampudi Police Station, Kakinada District. 4. One CC to SRI. KADIYAM NEELAKANTESWARA RAO Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court of A.P [OPUC] 6. One spare copy Dsk HIGH COURT DR.YLR.J DATED: 18/08/2025 BAIL ORDER CRLP.No.8172 of 2025 ALLOWED