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2025 DAILYLAW 36106 (AP)

PANGI CHINTU v. The State of Andhra Pradesh,

CRLP/9495/2024 · 2025-01-07

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Af5f5? I J, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA RED CRIMINAL PETITION NO: 9495 OF 2024 Betwee n : [3327] 1. Pangi Chintu, S/o Karthik, Aged 24 Years C/ Paragani Poorja, Raju comp, Boddagandi Panchayat, Y.Ramavaram Mandal ASR D I/I/~, I-L/- 2. Mandi Eswara Rao, S/o Jayaram, Aged 30 years, C/ST, Valmik, Raju Comp, Boddagandi Panchayat, Y. Ramavaram Mandal, ASR District. Petitioners/Accused 2 & 3 AND The State ofAndhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. 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 petitioners on bail in on Cr. No 71/2024 Mothugudem, Police Station East Godavari COUNSEL FOR THE PETITIONERS : DR.MEDISI RATNA RAO COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER J/ HONJBLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.9495 of 2024 Order: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioners/Accused Nos.2 and 3, seeking regular bail, in Crime No.71 of 2024 of Mothugudem Police Station, A[Iuri Sitharama Raju District. 2. A case has been registered against the petitioners and others for the offence punishable under Section 111(2)(b) of BNS and Sections 20(b)(ii)(C) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the NDPS Act,. 3. Brief facts of the case are that, on 04.10.2024 at about 07.00 p.m., the Sub-Inspector of Police, Mothugudem Police Station along with his staff and mediators rushed to Godlagudem Village Junction, Chinturu Mandal and found A2 to A6 in possession of 30 Kgs of Ganja. The contraband along with other material was seized under the cover of mediators report. 4. Heard. Perused the record. 5. The petitioners were arrested and remanded to judicial custody on 04.10.2024 and since then they are in judicial custody. It is submitted by the learned Assistant Public \ ® Prosecutor that the petitioners herein have no previous crime record. In view of the said submission made by the learned Assistant Public Prosecutor, it can be inferred that prJ-ma /aCy-e an offence under Section 111(2)(b) of BNS would not attract as against the petitioners herein. The further submission of the learned Assistant Public Prosecutor is that major portion of the investigation is completed and charge sheet is not yet filed. 6. In view of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners herein/Accused Nos.2 and 3, on the following conditions. (i) The petitioners/Accused Nos.2 and 3 shall be released On executing a personal bond for Rs.10,000/- (Rupees ten thousand only) each with two sureties for a like sum each to the satisfaction of the learned I Additional Sessions Judge, Rajahmundry. (ji) On release, the petitioners shall appear before the station House officer concerned, once in a week i.e. on every sunday between 10.00 a.m. and o5.00 p.m., till filing of the charge sheet. (iii) The petitioners shaH not directly or indirectly contact or threaten the witnesses under any circumstances and any ` E= _ __ ----_ such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation. It is made clear that the petitioners shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. 7. Accordingly, the criminal petition is allowed. //TRUE COPY// Fol sd/-N. ,NAdAEL"A Ass \sT-ilin+` ieEG \STR^R :,- i s i C T#O±fe6f-f\altE R -E= _-<R=e Tol 1. The I Additional Sessions Judge, Rajahmundry 2. The Superintendent, Central Prison, Rajahmundry 3. The Station House officer, Mothugudem Police Station East Godavari 4. One CC to DR.MEDISI RATNA RAO Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 6. One spare copy Jr, L_ _____ ___ HIGH COURT SRK,J DATED:07/01 /2025 BAIL ORDER CRLP.No.9495 of 2024 ALLOWED I "7|r I/_ I JAM 2825