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High Court of Andhra Pradesh · body

2025 DAILYLAW 30373 (AP)

Kuraku Reddy Suresh, v. The State of Andhra Pradesh,

CRLP/8743/2025 · 2025-08-28

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

% IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl « '■ "5 i. - .V«f~ ^-* { r /;* FRIDAY, THE TWENTY NINETH DAY OF AUGUS| TWO THOUSAND AND TWENTY FIVE : PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA Ra¥ CRIMINAL PETITION NO: 8743 OF 2025 /> '■ . f >■ \ 'K •pi "I f‘ A i sir» Between: Kuraku Reddy Suresh, S/o Subba Rayudu, Aged 25 years, R/o D.no. 20/680 Radha Krishna Nagar, Balajipet, Sankarapuram, Kadapa City. f ...Petitioner/Accused No.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 Sections 480 & 483 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No. 2 On bail in Crime No. 58 of 2025, On the file of the Dwaraka Police Station, Visakhapatnam. The Petition coming bri for hearing, upon perusing the Petition and the^ memorandum of grounds filed in support thereof and upon hearing the arguments of SRI ADAPA SUDHAKAR RAO Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent following the Court made the j APHC010437162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3521] FRIDAY,THE TWENTYNINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8743 OF 2025 Between: 1.KURAKU REDDY SURESH,, S/0 SUBBA RAYUDU, AGED 25 YEARS, R/0 D.NO. 20/680, RADHA KRISHNA NAGAR, BALAJIPET, SANKARAPURAM, KADAPACITY. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. ADAPA SUDHAKAR RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order: TheCriminal Petition has'been filed under Sections 480 and 483 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNSS’) seeking to enlarge the Petitioner/Accused No.2 on bail in Crime.No.58 of 2025 of Dwaraka Police Station, Visakhapatnam, for the offence under Sections8(c) read with 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 29.03.2025 at 2.00 ASI of Dwaraka Police received credible information a.m, the that a person was illegally in possession of ganja. Further communicated to Clues Team and requested Crime scene technician and photographer to reach the Police Station. Upon reaching Taj Hotel at Dwaraka Nagar, the team entered the hotel and found the Manager, Madhu at the reception counter. Beside him, a person was seated on a chair holding a college bag in his hands and questioned him. The individual admitted that the bag contained ganja and found two packets. The same was seized and registered a crime. 3. Mr. Adapa Sudhakar Rao, learned counsel for the Petitioner, submits that the Petitioner has not committed any offence, he was falsely implicated in the case; he is the sole bread-winner of his family; he is ready to abide by any conditions imposed by this Court and urged to enlarge the Petitioner on bail. 4. Per contra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor, argued that prima facie material is available against the Petitioner that he had indulged in possession of ganja. The investigation is still in progress and urged to dismiss the Petition and one adverse criminal intendent recorded. was 5. Heard leaned counsel for the Petitioner and learned Assistant Public • Prosecutor. Perused the record. 6. The Petitioner/ Accused No.2 was taken into judicial custody in the instant crime on 08.08.2025 on execution of a PT Warrant, since then he has been languishing in jail. The Petitioner was earlier arrested on 05.07.2025 in connection with Crime No. 130 of 2025. The Petitioner/ Accused No.2 was allegedly indulged in dealing with 6 Kgs of ganja weighing about 6 Kgs. It is not a commercial quantity. The Petitioner is a permanent resident of Sankarapuram, Kadapa City. 7. As seen from the progress of the investigation, all the witnesses official witness and material witnesses have been examined. Hence, the question of Petitioner influencing or threatening the witnesses or hampering the investigation may not arise. are 8. Considering the gravity and nature of allegations levelled against the Petitioner, this Court is inclined to enlarge the Petitioner on bail with the following conditions: (i) The Petitioner/ Accused No.2 shall be enlarged on bail subject to his executing a personal bond for a sum of Rs. 10,000/- (Rupees ten thousand only) each with two sureties each for the like sum each to the satisfaction of the learned I Additional District and Sessions Judge, Visakhapatnam. (ii) The Petitioner/ Accused^1Mo.2 shall appear before the Station House Officer concerned on every Saturday in between 10.00 a.m and 05.00 p.m, till cognizance is taken by the learned the Trial Court. (iii) The Petitioner/ Accused No.2 shall not leave the limits of the District without prior permission from the learned I Additional District and Sessions Judge, Visakhapatnam. (iv) The Petitioner/ Accused No.2 shall not commit or indulge in commission of any offence in future. (v) The Petitioner/ Accused No.2 shall co-operate 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.2 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. 9. Accordingly, the Criminal Petition is allowed. Sd/- K.TATARAO DEPUTYffEGiSTRAR > //TRUE COPY// For > SECTION OFFICER To, 1. The I Additional District & Sessions Judge, Visakhapatnam, Visakhapatnam District The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District The Station House Officer, Dwaraka Police Station, Visakhapatnam Commissionerate, Visakhapatnam District One CC to SRI. ADAPA SUDHAKAR RAO Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] One spare copy 2. 3. 4. 5. 6. PSR HIGH COURT DR.YLR,J DATED:29/08/2025 BAIL ORDER CRLP.No.8743 of 2025 ALLOWED