Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 30103 (AP)

ORSU NARASIMHA v. The State of Andhra Pradesh

CRLP/8668/2025 · 2025-08-27

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR THURSDAY ,THE TWENTY EIGHTH DAY OF AUG TWOTHOUSANDANDTWENTYFIVE ` :PRESENT.I THE HONOURABLE DR JuSTICE Y. LAKSHMANA CRIMINAL PETmON NO: 8668 OF 2025 Between : [3521 I I +\ty _=S \,_\` 3~ Orsu Narasimha, Aged 25 years, S/o O.Ramanjaneyulu, R/o D.No. 2/150-132-D, T. Nagar, Chemmumiyapet, Kadapa Town, YSR Kadapa District, Andhra Pradesh. Petitioner/Accused No.5 (A5} AND The IState of Andhra Pradesh, Represented by the station House OffI-Cer, ProhibI-lion and ExcI-Se Police Stall-On, Kadapa, YSR District, Through the State Public Prosecutor, High Court of Andhra Pradesh at Amaravati Respondent/Complainan± Pe{itI-On under Sections 480 & 483 of BNSS, 2023 and Sections 437 & 439 of Cr.P.C.,1973 is filed pray`ing that in the circumstances stated in the affidavit filed7in support of the criminal petition, the HI-gh Court may be Pleased tO dl-reCt the Petitioner/Accused.No.5 be released on bal|l in connection with the Crime No.52 OF 2025, PROH & EXCISE Station, Kadapa + dated 18.07.2025. 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 AMANCHI ROYAL Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. APHCO10432442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8668/2025 Betwee n : Orsu Narasimha AND The State Of Andhra Pradesh Counsel for the PetitioIler/accused: 1.AMANCHI ROYAL [3521] ...PETITIONER/ACCUSED ".RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: 1,PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has-been filed under Sections 437 and 439 of the code of cr|lminal procedure,1973 (for brevity fthe 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.5 on bail in Crime No.52 of 2025 of Prohibition and Excise Police Station, Kadapa, YSR District, registered for {r <jt ` \ the offences punishable under section 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and psychotropic substances Act,1985 (for short [the NDPS ActI). 2. 2. The case of the prosecutI'On, in a nutshell, l|s that on 18.07.2025, on receipt of credible information, the prohibl'tion and Excise Inspector, along wl-th their staff and mediators, reached the samadulathota in lndranagar, chinthakommadinne village and found one auto, three persons sitting on three two wheelers and three others were standI'ng by holdl'ng black plastic bags in their rI'ght hands. On seeing the offI'CialS, the Persons attempted to run away. The Inspector of police, along with his staff, apprehended A2 to A5 and A7, while A6 escaped from the scene of offence. The Prohibition and Excise Inspector seI'Zed 2 kgs of cannabis from A2 to A5 and A7. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. perused the record. 4. Mr. Amanchi Royal, the learned counsel for the petitioner submits that I the petitioner has not committed any offence; petitI'Oner Was falsely implicated by the police in the crime; petitioner is the sole breadwinner,- petitl'oner would abide by any conditions to be imposed by this court,- and urged to ai]ow the petition. ` -I +,.L=-es.R_-~& ----I A 5. Per confra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of' bail stating that the petitioner is the habitual offender, 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. I The petitioner/Accused No.5 was allegedly indulged in dealing with 300 grams of ganja along with other accused in total 2 kgs was seized. The petitioner was arrested on 18.07.2025. He has been in judicial custody for the past 41 days. The petitioner is aged about 25 years. The learned counsel for the petitioner subm-Its that the petitioner's wife is conceived. The petitioner is permanent resident of Kadapa Town. Substantial portion of the investigation - .- -I has been completed and all the witnesses are official witnesses. Therefore, the question of petitioner threatening the witnesses or hampering the investigation or tampering the evidence may not arise. 7. However, considering the nature and gravity of the allegations against petitioner/accused No.5, his alleged role played in the case, stage of the investigation and the period of detention already he has undergone in the judicial custody for the past 41 days, this Court is inclined to enlarge petitioner /accused No.5 on bail. +-'`l \ - 8. ln the result, the criminal petI'tiOn iS allowed with the following stringent conditions.I i. The peti.tioner/Accused No.5 shall be enlarged on bail subject to he executing a 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 special Judicial Magistrate for Prohl-bition & Excise Offences, Kadapa. ji. The petitioner/Accused No.5shall 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.5shall not leave the limits of the District without prior permission from the station House Officer concerned. iv. The petitioner/Accused No.5shall not commit or indulge in commission of any offence in future. v. The petl'tioner/Accused No.5shall cooperate with the investigating offI-Cer in further investigation of the case and shall make hI-mSelf available for interrogation by the investigating officer as and when required. vi. The petitibner/Accused No.5shall not, directly or l'hdirectly, 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. |> 9. Accordingly, the Criminal Petition is allowed. AS S£SD¥-AGN-THnERJL¥AG#SA¥ £`ER i To, //TRUE COPY// •'.:'*. F .<J.I-<i J i€ SECTl.ff::::: :': -=¢.\-\-. ~` ;..!hp,! . 1. The I Additional District Judge, Kadapa. ` -,\.. 2. The Superintendent, Centfai Prison, Kadapa. 3. The Station House Officer, Prohibition and Excise PoII'Ce Station, Kadapa, YSR District. 4. One CC to SRI. AMANCHl'ROYAL Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court ofA.P`., Amaravati [OUT]. 6. One spare copy + _,`'|- > ..+i ... -\i.'i ``.f I_, `:;r£frj_ ( +i *+-s 4.dy--I, •.,tr // *_*_ HIGH COURT DR.YLR,J DATED : 28/08/2025 BAIL ORDER CRLP.No.8668 of 2025 ALLOWED __is_*`.,_~