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2025 DAILYLAW 30467 (AP)

Chinnam Nagendra v. THE STATE OF ANDHRA PRADESH

CRLP/8769/2025 · 2025-09-03

Y Lakshmana Rao

body2025

Judgment text

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r_.{t: -+ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV#*t,-\ .\::i:..`,-`r._`- :<*¢¢T¥-;(.-Jr: THURSDAY, THE FOURTH DAY OF SEPTEMBER ;'i: TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y| LAKSHMANA RAO +''J-I-J7+ CRIMINAL PETITION NO: 8769 OF 2025 Between: Chinnam Nagendra, Age 23 yrs, S/o. C.Nageswara Rao, R/o. D.No. 9-1-1, Rajuramapeta, Badvel town, YSR DistrI'Ct. .. IPetitioner/Accused AND The State of Andhra Pradesh, Represented by the Station House Officer, Prohibition and Excise Police Station, Kadapa, YSR District, Through the State Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition under Section 480 & 483 of BNSS./437 & 439 of Cr.P.C. is filed 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 direct the Petitioner/Accused.No.6 be released on bail in connection with the crime No.48 OF 2025, PROH & EXCISE Station, Kadapa dated 07.07.2025. The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI AMANCHI ROYAL Advocate for the Petitioner, and of PUBLIC PROSECUTOR for Respondent, and the Court made the following ORDER: ._,`, , , t= - APHCO10439442025 H=+.JtlE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8769 OF 2025 [3521] Betwee n : 1.CHINNAM NAGENDRA, AGE 23YRS, S/O. C.NAGESWARARAO, R/O D.NO. 9-1-1, RAJURAMAPETA, BADVEL TOWN, YSR DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Represented by the Station House Officer, Prohibition and Excise Police Station, Kadapa, YSR District, Through the State Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...RESPONDENT/COIVIPLAINANT Counsel for the Petitioner/accused: 1.AMANCHI ROYAL couns6[ 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 Criminal Procedure,1973 (for brevity {the Cr.P.C.')/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS'), seeking to enlarge the Petitioner/Accused No.6 on bail in Crime No.48 of 2025, on the file of Prohibition and Excise Police Station, Kadapa, YSR _t^ c+- `< Distr'lct, registered against the Petitioner/Accused No.6 herein for the offenCeS punishable under Section 8(c) read with 20(b)(ii)(B) of Narcotic Drugs and psychotropic substances Act,1985 (for brev'lty lthe NDPS Act7). 2. The case of the prosecution 'lS that On 05.07.2025 at 10.30 a.m, on credible information regarding illegal POSSeSS|lOn Of ganja, the Sl of Prohibit'lon and Excise Station along with his Staff and mediators conducted raise On east side of FM Bakers and Food Palace situated on Utukur Circle to Rayachoty Bus Road, apprehending the Accused and se'lzed approximately 1.2 kg of dry ganja from them each having 320g, 200g, 17Og, 140g, 180g and 190g respectively and same have been seized along with five mobile Phones and a two wheeler and. on o7.07.2025 based on credible infOrmat'lOn, the POliCe arrested the Accused No.6 and registered the above Case. 3. Sri Amanchi Royal, the learned COunSel for the Petitioner contends that the petitioner is an innocent of the alleged offence and has been falsely 'lmpl-lcated by the police. The Petitioner 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. Percor,fro, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the pet'ltioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Pet-lt-loner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the |= .l\ t=S ongoing I-nVeStigatiOn and evading the process of law. ln vI-eW Of the foregoing, it is urged that the petition be dismissed. 5. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. The PetitI-Oner Was indulged in dealing with the 1,2 Kgs ofganja along with other Accused. This Court had already enlarged the Accused 1 and 2 on bail in Crl.P.No.7778 of 2025. Similarly, this Court also enlarged the Accused No.4 on bail on Crl.P.No.8669 of 2025. The Petitioner was arrested on 07.07.2025. The Petitioner is a permanent resident of Rajuramapeta, Badvel Town, YSR Kadapa District. 7, Considering the period of detention undergone by the petitioner in judicial custody for the past 56 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 petitioners No.6 on bail with the following stringent conditions|' i) The Petitioner/Accused No.6 shall be enlarged on bail subject to his 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 Special Judicial Magistrate for prohibI'tiOn and ExcI'Se Offences, Kadapa, YSR Kadapa District, t.---\ ii) The PetitI-Oner/Accused No.6 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 Petitioner/Accused No.6 shall not leave the limits of the District without prior permission from the station House Officer concerned. iv) The Petitioner/Accused No.6 shall not commit o,-indulge in commission Of any Offence in future. v) The Petitioner/Accused No.6 shall co-operate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investI-gating officer as and when requI-red. vI') The Petitioner/Accused No.6 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. ll. Accordingly, the Criminal PetitI®On iS allowed //TRUE COPY// SD/-P.VINOD KUMAR ASSISTANT SECTI EG ISTRAR FFICER To, 1. The Station House Officer, Prohibition and ExcI'Se Police Station, Kadapa, YSR Dl|strI-Ct. 2. The I Additional District Judge, Kadapa. 3. The SuperI'ntendent, Central Prison, Kadapa. 4. One CC to SRI AMANCHI ROYAL, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OPUC] 6. One spare copy KN HIGH COURT DR.YLR,J DATED : 04/09/2025 ORDER CRLP.No.8769 of 2025 ALLOWED I . trty I , \. -\ LL- •d*_ \`