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2025 DAILYLAW 29739 (AP)

Buraga Teja v. The State of Andhra Pradesh

CRLP/8571/2025 · 2025-09-03

Y Lakshmana Rao

body2025

Judgment text

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ii= lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY, THE FOURTH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE :PRESENT: .- THE HONOURABLE DRJUSTICEY. LAKSHMANA RAO ~ CRIMINAL PETITION NO: 8571 OF 2025 ar Between : 1. Buraga Teja, S/o. Hari, Aged 23 years, R/o.Vendlurupadu Village, Tada Mandal, Tirupati District (Chittoor District), Andhra Pradesh. 2. Paringi Narendra @ Yuga, S/o. late Dhanaraj, Aged 30 years, R/o.Anapagunta Village, Tada Mandal Tirupati District (Chittoor District), Andhra Pradesh. ...Petitioner/Accused No.3 & 5 AND The State of Andhra Pradesh, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Sullurpet Police Station. Tirupati District (Chittoor District). Andhra Pradesh. ...Respondellt H Petition under Sections 437 & 439 of Cr.P.C old Act (Under Sections 480 & 483 of 2023) is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioners/ Accused Nos.3 and 5 on Regular Bail in connection with Crime No.152/2025 on the file of Sullurpet Police Station, dated: 08.07.2025; 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 Vajja Chethan Kumar Ready, Advocate for the Petit-loners and Public Prosecutor for the Respondent, the Court made the following; __ -I APHCO10426902025 E¥HH IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3521] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE pRESEN'T THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8571 OF 2025 Betwee n : 1.BURAGA TEJA, S/O, HARI, AGED 23 YEARS, R/O.VENDLURUPADU vlLLAGE, TADA MANDAL, TIRUPATI DISTRICT (CHITTOOR DISTRICT), ANDHRA PRADESH. 2. PARINGI NAREN'DRA ALIAS YUGA, S/O. LATE DHANARAJ, AGED 30 YEARS, R/O.ANAPAGUNTA VILLAGE, TADA MANDAL TIRUPATI DISTRICT (CHITTOOR DISTRICT), ANDHRA PRADESH. .HPETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Rep. By its Public Prosecutor, High Court of A.P,, Amaravati, Through StatI'On House OffI'Cer, Sullurpet Police Station. Tirupati District (Chittoor District). Andhra Pradesh. .HRESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.VAJJA CHETHAN KUMAR REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order: The Criminal Petition has been filed under sections 437 ancI 439 of the Code of Criminal Procedure,1973 (for brevity lthe cr.p.c.I)/ sections 480 and \ 483 of the Bhara{lya Nagarlk suraksha sanhlta, 2023 (for brevlty fthe BNSSj), seeklng to enlarge the petI'tjOners/Accused No3 and 5 on ba" jn crlme No 152 of 2025, on the flle of sullurpet poIICe Sta{lon, reglstered agalnst the petltIOners/Accused No 3 and 5 hereln for the offences punJShable under sectIOn 8(c) read wlth 20(b)(H)(B) of Narcotlc Drugs and psychotroplc substances Act,1985 (for brevl|ty {the NDPS Ac{J). 2. The case oftheprosecution istha{on o8.072025a"4.00 hrs, the slot po'lce, sullurpet pollce statlon along wlth medlators stated that the Accused 1 and 2 declded to do Ganja smuggling and got friendshIP Wl'th Accused No 8 About four days ago Accused 3 to 7 gave Rs. 1,00,000/-as advance to Accused 1 and 2 for ganJa each 2 Kgs Then Accused 1 and 2 collected the bag of 10 Kgs of Ganja I'n 5 packets from Accused No.8 Later Accused 1 and 2 kept the same and returned to sulluper on o7.07 2025 Accused No.1 and 2 dumped the 10 Kgs of ganJa Packets ln the bushes, sltuated at Manldeep Layouts, behlnd SHAR vehicle garage, SHAR Road, sullurpet Town. on o8.072025 at afternoon hours Accused 1 and 2 informed the same to Accused 3 to 7, except Accused No 7 remajnI|ng Accused No 3 to 6 came there, ln the meantlme the poll'ce captured them and searched the Accused, wherel®n lt was found 4 cell phones and 1 blke, whlch were was selzed from them under cover of Mahazarnama ln the presence of medl'a{ors The police recorded the confessl'on statement, apprehended them and regIStered the above case. 3. Sri Vajja Chethan Kumar Reddy, the learned counsel for the Petitioners contends that the Petitioners are innocent of the alleged offence and have been falsely implicated by the Police. The Petitioners undertakes to strictly adhere to any conditions that may be imposed by this Court, and prays that the Petition be allowed in the interest of justice. 4. Perconfra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submitting that the investigation is sti[[ underway and several material witnesses remain to be examined. It is contended that |If the Petitioners are released on bal'I at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the Process of law. ln view of the foregoing, it is urged that the petition be dismissed. 5. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the Petitioners/ Accused No.3 and 5 were indulged in dealing with 9 Kgs of ganja along with other Accused. They were arrested on 09.07.2025. The Petitioners have been in J-udiCial Custody for the past 58 days. The Petitioners are permanent residents of Vendlurupadu vil-Iage and Anapagunta Village, Tada Mandal, Tirupati District respectively. So far, 8 witnesses have been examined and all of them are official witnesses. Material witnesses have been examined. There are no-similar adverse intendents reported against the Petitioners. However, the Petitioners. earlier involved in two IPC offences. Therefore, there is no scope for threatening the witnesses or interfering with the investigation process. 7. Considering the period of detention undergone by the petI-tiOnerS in judicial custody for the past '58 days, the nature and gravity of allegation levelled against the Petitioners, and their alleged role played in this case, this Court I'S inclined to enlarge the Petitioners No.3 and 5 on bail with the following stringent conditions: i) The Petitioners/Accused No.3 and 5 shall be enlarged on bail subject to their 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 C`lass, Sullurpet, Tirupati District. ii) The Petitioners/Accused No.3 and 5 shall appear before the Station House Officer concerned, on every saturday in between10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii) The Petitioners/Accused,No.3 and 5 shall not leave the limits of the District without prior permission from the station House Officer concerned. 4. iv) The Petitioners/Accused No.3 and 5 shall not commit or indulge in commission of any offence in -future. v) The Petitioners/Accused No.3 ancI 5 shall co-operate with the investigating officer in further investigation of !the case and shall make themselves available for interrogation by the investigating officer as and when required. vi) The Petitioners/Accused No.3 and 5 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/-B.PRASAD RAO ASSISTA GISTRAR //TRUE COPY// For SECTl "o#: FICER To, 1. TheAdditional Judicial Magistrate ofFirst Class, Sullurpet, Tirupati # District. 2. The Superintendent, Central Prison, SPSR NeIIore District. ctof£- 3. The Station House Officer, Sullurpet Police Station, Tirupati District i,- (Chittoor District). Andhra Pradesh. 4. One CC to SrI'. Vajja Chethan Kumar Reddy, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAP [OUT] 6. One spare copy MM HIGH COURT Dr.YLR,J DATED :04/09/2025 ORDER CRLP.No.8571 of 2025 ALLOWED I.-==.i,far-*