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2025 DAILYLAW 30503 (AP)

THAMMINA VENKATA GANESH HEMANTH @ GANESH v. The State of Andhra Pradesh

CRLP/8782/2025 · 2025-08-28

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8782 OF 2025 o i ^ ‘V / \ M * a 4 •K X i-5.<R Between: Tharnmina Venkata Ganesh Hemanth @ Ganesh, S/o. Satti Babu, aged about 19 years R/o. Vivenkananda Nagar, Old Dairy Form, Visakhapatnam ..Petitioner/Accused-5 AND The State of Andhra Pradesh, Through Station House Officer, Arilova Police Station Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. ...Respondent/Complainant Petition under Sections 480 & 483 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of thd Criminal Petition, the High Court may be pleased to release the petitioner/A5 on Bail in connection with Crime No. 263 of 2025 of Arilova Police Station,^ Visakhapatnam, offence U/Sec. 20 (b) (ii) (B), r/w 8 (c) NDPS Act dated 05-07-2025. f i ■ The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds fiied in support thereof and upon hearing the arguments of SRI KAKUMANU JOJI AMRUTHA RAJU Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following r APHC010440302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8782 OF 2025 Between: 1.THAMMINA VENKATA GANESH HEMANTH @ GANESH, S/0. SATTI BABU, AGED ABOUT 19 YEARS R/0. VIVENKANANDA NAGAR, OLD DAIRY FORM, VISAKHAPATNAM ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Through Station House Officer, Arilova Police Station Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order: The Criminal Petition has been filed under Section 480 and 483 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNSS’) seeking to enlarge the Petitioners/Accused No.5 on bail in Crime.No.263 of 2025 of Arilova Police Station, Visakhapatnam City for the offence under Sections 20(b)(ii)(b), read with 8(c) of Narcotic brevity ‘the NDPS Act’). Drugs and Psychotropic Substances Act, 1985 (for 2. The case of the credible information, the S.l prosecution is that on 05.07.2025 at 15.30 hrs mediators and reached Ground Old Dairy Form, were tried to escape from the 3 were on of Police secured the two back side of Government Visakhapatnam, where place, whereas 7 Hospital, Burial on seeking Police, they persons are strangers of them seized /a Kg from each of Accused escaped, 4 were -1, 3 and 5 and caught hold and from registered the above crime. 3. Mr. Kakumanu Joji Amrutha submits that the Petitioner has implicated in the abide by any conditions i Petitioners on bail. Raju, learned counsel for the Petitioner, not committed any offence, he was falsely winner of his family; he Is ready to urged to enlarge the case; he is the sole bread-wi imposed by this Court and 4. Per contra, Ms. P.Akhila Naidu argued that prima facie material I indulged in possession of ganja. The investigation is still in urged to dismiss the Petition. learned Assistant Public IS available against the Petitioner that Prosecutor, he had progress and 5. Heard leaned Prosecutor. Perused the counsel for the Petitioner and learned Assistant Public record. 6. The Petitioner/ Accused kg of ganja. The Petitioner is i No. 5 was allegedly found i impressionably aged 19 in possession of years. Even though. learned Assistant Public Prosecutor would submit that there is one adverse criminal antecedent was reported against the Petitioner under the provisions of Indian Penal Code. The Petitioner has been in judicial custody since 55 days. The Petitioner is permanent resident of Visakhapatnam. 7. As seen from the progress of the investigation, all the witnesses official witness and material operation of the investigation is completed. Hence, the question of Petitioner influencing or threatening the witnesses or hampering the investigation may not arise. 8. Considering the gravity and nature of allegations levelled against the Petitioner, this Court is inclined to enlarge the Petitioner following conditions; are on bail with the (i) The Petitioner/ Accused No.5 shali be enlarged on bail subject to their 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 Chief Judicial Magistrate, Visakhapatnam. (ii) The Petitioner/ Accused No.5 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. 5 shall not leave the limits of the without prior permission from the learned Visakhapatnam. District Chief Judicial Magistrate (iv) The Petitioner/ Accused No. 5 shall commission of any offence in future. not commit or indulge in (v) The Petitioner/ Accused No. 5 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. 5 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts the case, so as to dissuade him/her from disclosing such facts to the to any police officer. of court or 9. Accordingly, the Criminal Petition is allowed. SD/- K.SRINIVASARAJU assistan^egistrar SECTION OFFICER //TRUE COPY// F To, 1. The Chief Judicial Magistrate, Visakhapatnam, Visakhapatnam District 2. The Superintendent, Central Prison District 3. The Station House Officer, Arilova Police Station Visakhapatnam District/ 4. One CC to SRI. KAKUMANU JOJI AMRUTHA RAJU Advocate 5. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy Visakhapatnam, Visakhapatnam Visakhapatnam City, [OPUC] PSR HIGH COURT DR.YLR,J DATED:29/08/2025 BAIL ORDER CRLP.No.8782 of 2025 allowed / ■i