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2025 DAILYLAW 30528 (AP)

Kappala Venkata Seenu alias Srinivasulu v. The State of Andhra Pradesh

CRLP/8781/2025 · 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 AMARAVATI FRIDAY, THE TWENTY NINTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE .PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO; 8781 OF 2025 cS V-- Between: 1. Kappala Venkata Seenu @Srinivasulu, S/o Pullaiah aged about 46 years. Private Employee at Mudiraj Annadana Satam at B.Mattam, Residing at D.No. 6-148, Lingaladinnepalli Village, B.Mattam Mandal, Y.S.R Kadapa District. 2. Somireddypalli Kiran, S/o Yesuratnam @Raja Ratnam, Aged about 23 years. Electrician, residing at Jinkalamitta Nagar, Kandimallayapalle, B.Mattam Town and Mandal, Y.S.R Kadapa. 3. Mude Nagaraju Naik @Raja Nayak @Rakhi, S/o Lakhmi Rama aged about 46 years. Coolie, Resident of D.No.4-29, Mudireddypalli Thanda, Mydukur Mandal, Y.S.R Kadapa District. Nayak ...Petitioners/Accused No.3 to 5 AND The State of Andhra Pradesh, Represented by its Public Prosecutor, Through B.Mattam Police Station, Y.S.R Kadapa, High Amaravathi. Court of A.P. ...Respondent Petition under Section 437 & 439 of Cr.P.C/under Section 480 & 483 of BNSS, IS filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners on bail in connection with the F.I.R No.117 of 2025 B.Mattam Police Station, Y.S.R Kadapa District. The petition coming on for hearing grounds filed in support thereof and Sri T.Diwakar Reddy, Advocate for the Petitione Respondent, the Court made the following on the file of upon perusing the Petition and the upon hearing the arguments of and of Public Prosecutor for 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.3 to 5 on bail in Crime.No.117 of 2025 of B. Mattam Police Station, YSR Kadapa District for the offence under Sections 20(b)(ii)(c), 15(c) read with 8(c) of Narcotic Drugs and Psychotropic Substances Act (for brevity ‘the NDPS Act’). 1985 2. The case of the prosecution is that on 17.06.2025 at 7.30 Kasinayana Ashramam, Badvel Road, B.Mattam Town a.m, near and Mandal, YSR Kadapa District, wherein Accused No.1 along with Accused 2 to 5 were found in possession of dried ganja weighing 2000 grms, worth about Rs. 30,000/- and the same was seized under cover of Panchanama, apprehended them and registered a crime. 3. Mr. T. Diwakar Reddy, learned counsel for the Petitioners, submits that the Petitioners have not committed any offence, they were falsely implicated in the case; they are the sole bread-winners of their family; they are ready to abide by any conditions imposed by this Court and urged to enlarge the Petitioners on bail. 4. Per contra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor, argued that prima facie material is available against the Petitioners that they have indulged in possession of ganja. The investigation is still in progress and urged to dismiss the Petition. 5. Heard leaned counsel for the Petitioners and learned Assistant Public Prosecutor. Perused the record. 6. The Petitioners/ Accused No.3 to 5 were allegedly indulged in dealing with 2 Kgs of ganja. It is not a commercial quantity. The Petitioners were arrested on 17.06.2025 and they have been in judicial custody since 73 days. The Petitioners 1 and 2 are permanent residents Lingaladinnepall i Village and Kandimallayapalle Village of B.Mattam Mandal and Petitioner No.3 is permanent resident of Mudireddypalli Thanda, Mydukur Mandal of Y.S.R.Kadapa District. 7. As seen from the progress of the investigation, all the witnesses are official witness and material operation of the investigation is completed. Hence, the question of Petitioners influencing or threatening the witnesses or hampering the investigation may not arise. 8. Considering the gravity and nature of allegations levelled against the Petitioners, this Court is inclined to enlarge the Petitioner on bail with the following conditions: (i) The Petitioners/ Accused No.3 to 5 shall 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 Additional Judicial Magistrate of First Class, Badvel. \ (ii) The Petitioners/ Accused No.3 to 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 Petitioners/ Accused No.3 to 5 shall not leave the limits of the District without prior permission from the learned Additional Judicial Magistrate of First Class, Badvel. (iv) The Petitioners/ Accused No.3 to 5 shall not commit or indulge in commission of any offence in future. (v) The Petitioners/ Accused No.3 to 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 to 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. 9. Accordingly, the Criminal Petition is allowed. SD/- G.HELANAIDU ASSiSTANT.’REGlSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Additional Judicial Magistrate of First Class, Badvel. 2. The I Additional Sessions Judge, Kadapa. 3. The Superintendent, Central Prison, Kadapa, Y.S.R.Kadapa District. 4. The Station House Officer, B.Mattam Police Station, Y.S.R.Kadapa. 5. One CC to Sri T.Diwakar Reddy, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR High Court of A.P., Amaravati.pUT] 7. One spare copy. PSD f HIGH COURT DR.YLR.J DATE: 29/08/2025 \ BAIL ORDER CRLP.No.8781 of 2025 ALLOWED