Laveti Durga @ Macha, v. The State of Andhra Pradesh,
CRLP/8821/2025 · 2025-09-03
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30558 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30558 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVj THURSDAY ,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8821 OF 2025 Between : Laveti Durga S/o. Eswara Rao, R/o D.No.27-18-73/2, Kallupakala Street, Visakhapatnam City. petitioner7s cause title is amended as per the court Order dated 18/09/2025 in IA.No.i of 2025 in CrI.P.No.8821 of 2025 Petitioner/Accused-1 AND The State of Andhra Pradesh, Through Station House Office.r, Ananthagiri police station, Rep. by its Public Prosecutor, High Court ofAndhra Pradesh, Amaravathi, Guntur District. Respondent/Complainant petition under sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the criminal Petition, the High Court may be pleased to release the petitioner on Bail in connection with Crime No. 83 of 2024 on the file of the Ananthagiri Police Station couNSEL FOR THE PETITIONER : MS. BANDI PRAVEENA couNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER
APHCO10441252025 TEELE I 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: 8821/2025 AND Betwee n : Laveti Durg9 . - - The State Of Andhra Pradesh [3521] ...PETITIONER/ACCUSED ..,RESPONDENT/COMPLA[NANT Counsel for the Petitioner/accused:
1. BANDI PRAVEENA counsel for the Respondent/complainant:
1.PUBLIC P'ROSECUTOR 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 fthe Cr.P.C.I) Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS'), seeking to enlarge the petitioner/accused No.1 on bail in Crime No.83 of 2024 of Ananthagiri Police Station, AIIuri Seetha Rama Raju DI'StriCt, registered for I, `=-- I .=J I
the offences punishable under Section 20(b)(ii)(c), 25 read with 8(c) of the Narcotic Drugs and PsychotropI-C Substances Act,1985 (for short fthe NDPS Actl). 2. The case of the prosecution in nutshell is that, on o9.12.2024 at about 15:00 hours at Main Road Damuku Junction, Ananthagiri mandaI, on receipt of reliable information, the Sub Inspector of Police along with staff and mediators conducted vehicle checking and found two persons got down a RTC bus. They the police caught hold them and found 4 kgs of ganja.
Then the police arrested the accused and seized 4 kgs of ganja in the presence of mediators. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Ms. Bandi Praveena, the learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime,- petitioner is the sole breadwinner; petitioner would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Percor7fra, 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 \.J I_--I +i-. `^;+. ff<< t\ \\ I- compl'eted; if the petitioner is enlarged on bail, he would not be available for {lhe investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. 6. The allegations against the petitioner/accused No.1 is that he along with other accused indulged in dealing with 4 kgs of ganja. It is not a commercial quantity. The petitioner was arrested on 26.05.2025. He has been in judicial custody for the past 97 days. The petitioner is permanent resident of Ananthagiri Area, VIsakhapatnam City. Substantial portion of the investigatI-On 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. Considering the entire gamut of the case, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent conditions: i. The petitioner/Accused No.1 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 I Additional District & Sessions Judge-Special Judge for Trial of Offences under [the NDPS Act', Visakhapatnam. ii.
The petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every Saturday in between I---J (`'.\ h `` / 1r,! . 10:00 am and o5.loo pm, till cognjzance is taken by the learned the Trial Court. iii. The petitI-Oner/Accused No.1 shall not leave the limits of the District without prior permission from the station House OffI'Cer concerned. iv. The petitioner/Accused No.1 shall not commit or indulge in commission Of any offence in future. v. The petitI-Oner/Accused No.1 shall cooperate with the investI'gating officer Ion further investigation of the case and shall make himself`^available for interrogation by the investI-gating officer as and when required. vi. The petitioner/Accused No.1 shall not, directly or I-ndireCtly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade hI-m/her from disclosing such facts to the court or to any police officer. Accordingly, the Criminal petition is allowed. sD/-P.VINOD KUMAR //TRUE COPY// For ASSISTANT REGISTRAR To,
1. The I Additional District & Sessions Judge-Special Judge for Trial of offences under NDPS Act, Visakhapatnam
2. The superintendent, Central Prison, Visakhapatnam
3. The Station House Officer, Ananthagiri Police Station, AIluri Seetha Rama -Raju District. 4. One CC to MS. BANDI PRAVEENAAdvocate [OPUC]
5. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT]
6. One spare copy petitionerJs cause title is amended as per the court Order dated 18/09/2025 in IA.No.1 of 2025 in Crl.P.No.8821 of 2025 £n/_P VINOD KllMAR
HIGH COURT DR.YLRIJ DATED : 04/09/2025 (18/09/2025) BAIL ORDER (AMENDED) CRLP.No.8821 of 2025 ALLOWED `~ -.3 `udrhel.-~ _