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2025 DAILYLAW 33957 (AP)

SEEMASETTI SAI DURGA VARAPRASAD @ SAMOSA v. STATE OF ANDHRA PRADESH

CRLP/8418/2024 · 2025-01-10

K Suresh Reddy

body2025

Judgment text

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[3239] lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SURESH REDDY CRIMINAL PETITION NO: 8418 OF 2024 Betwee n : seemasetti saI' Durga varaprasad @ samosa, s/o Ramu, Age 20years,C/Padmasali, R/o Venkatagirj-2, Hukumpeta, Rajamahendravaram. PetI-tI-Oner/Accused-4 AND The State ofAndhra pradesh, Rep. by its public Prosecutor High Court of Andhra Pradesh, At Amaravathi Respondent/complaI-nant petition under sectI'OnS 437 and 439 of Cr.P.C(New Sections 480 and 483 of Bharatiya Nagarik suraksha sanhita,2023), I.s filed praying that jn the circumstances stated I'n the memorandum of grounds filed I'n Support Of the crl'minaI Petition, the High Court may be pleased to enlarge ba" the petitioner/Accused A4 I'n Crime No.190/2024 dt: 13/09/2024 on the fI-le Of the s.H.O. Prakash Nagar P.S. and released the petitl-oner / accused A4 on such terms and conditions . The petition coming on for hearing, upon perusI'ng the Petitl'on and the memorandum of grounds filed in support thereof and upon hearing the arguments of srI' VALLEPU MOUNIKA, Advocate for the petitioner and of PUBLIC PROSECUTOR for Respondent, the court made the following ORDER APHCO10517492024 lN THE HIGH COURT OF ANDHRA I, ELF PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY _CRIMINAL PETITION NO: 8418/2Q2± Bet:wee n : 1.SEEMASETTI SAI DURGA VARAPRASAD @ SAMOSA, S/O RAMU, AGE 20 YEARS, C/PADMASALI, R/O VENKATAGIRI- 2,HUKUMPETA, RAJAMAHENDRAVARAM. .HPETITIONER/ACCUSED AND 1.STATE OF ANDHRA PRADESH, , Rep. by its public prosecutor High Court+ of Andhra Pradesh, At Amaravathi ...RESPONDENT/COIVIPLAINANT Counsel for the Petitioner/accused: 1.VALLEPU MOUNIKA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following order :- A.4 in Crime No.190 of 2024 of Prakash Nagar Police Station, East Godawari District, filed the present application under section 480 and 483 of Bharatiya Nagarik Suraksha sanhita, 2023, seeking his release on bail. The said crime was registered for the offence under Section. 8(c) read with 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. tI=-_-1 r-lS 2. The case of prosecution I-S that on 13.09.2024, at about 8.30 A.M., the s.I. of police, Prakash Nagar police station along wI'th Staff and mediators found A.1 to A.8 near prabhugarI- Thota, Narayanapuram, AV Apparao road, Rajamahanedravam, who were transporting 22.250 kgs of Ganja in a two wheeler bearl-ng registration No.AP 03 CS 3142. After conducting panchanama and after seI®Zing the contraband, he arrested all the accused. 3. Learned counsel for the petitioner contends that the contraband seized from the possession of all the eI'ght accused is 22.250 kgs, which is a little bit higher than the non-commercial quantity. she further contended that the petitioner was arrested on 13.09.2024 and ever since he has been in judicial custody. she further contends that A.6 was granted bail by this court vide order, dated 27.12.2024 in Crl.P.No.9241 of2024. 4, On the other hand, learned AddI'tiOnaI Public Prosecutor confirms the factum of granting bail to the other accused by this court. 5. This Court perused the material on record. 6. ln view of the aforesaid facts and circumstances of the case, this court is inclined to grant bail to the petitioner/A.4, on the following conditions : - i. The petitI'Oner herein shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned " Additional Judicial Magistrate of First Class, Rajamehdnravaram ; On release, the petiti-oner/A.4 shall appear before the station House officer, concerned, twice in a week I'.e., every Monday and Thursday between 10.00 a.m. to o1.00 p.m., untl'I further orders ,I iii. Further, the petitioner is dl'rected to co-operate with the investigatl'on and also the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses. 7. Accordingly, the criminal petition is allowed. As a sequel, miscellaneous applications pending, if any, sha" stand closed. SD/-N.NAGAMMA ASSISTANT R //TRUE COPY SECTIO TRAR OFFICER 1. The lI AddI. Judicial First Class Magistrate, Rajamahendravaram. 2. The Superintendent, Central Prison, Rajamahendravaram. 3. The S.H.O. Prakash Nagar P.S., East Godavari District. 4. One CC to SRl. VALLEPU MOUNIKAAdvocate [OPUC] 5. Two cos to the PUBLIC PROSECUTOR, High Court ofA.P [OPUC] 6. One spare copy To] psk I r/ HIGH COURT KSR,J / DATED: 10/01/2025 BAIL ORDER CRLP.No.8418 of 2024 ALLOWED ''T. :`€i`rj rLLJAN 2025