KODA NISHI JOHN @ JOHN v. THE STATE OF ANDHRA PRADESH
CRLP/9521/2024 · 2025-01-02
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36167 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36167 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
A IN THE HIGH couRT OF ANDHRA PRADESH AT AMARAVATl' THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO: 9521 OF 2024 Between.I Koda Nishl- John @ John, S/o. Narasimhulu, aged about 24 years, R/o. Gotchari village, Guda post, Hukumpeta Mandal, AIIuri Sitharama Raju Df'strict, A.P. Petl-tioner/Accused No.2 AND The State of Andhra pradesh, Rep by its pubII'C Prosecutor, High Court of Andhra pradesh. Respondent petitl-on under section sections 437 & 439 of Cr.P.C, [New Sections 480 and 483 of BNSS, 2023] is filed prayl'ng that I-n the cI-rCumStanCeS Stated in the memorandum of grounds filed in support of the criminal Petition, the High court may be pleased to enlarge the petitioner/Accused No.2 on ba" pending dI-SPOSal of CrI'me No.117/2024 of A. Koduru p.s., now Anakapalli Dl'strict. The petition coming on for hearing, upon perusing the petl-tI-On and the affl'davI-I fJ'led Ion support thereof and upon heart-ng the arguments of sri GOLLAPALLI MAHESWARA RAO Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent, the court made the followI'ng
1. The present application iS filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner 'IS theAccused No.2 'ln Cr.No.117 of2024 of Koduru police station, Anakapalli District. The Crime was registered for the offences under sections 8(c) r/w 20(b)(ii)(c) and section 25 of NDPS ActI 1985. 3. As per the prosecution, On 20.09.2024 at about 16.30 hours, the s.I of Police, A.Konduru P.S., on receipt of Credible information, I he along with his staff caught the accused A.2 to A.5 while they are transporting Ganja arranged by A.1 in an auto driven by the petitioner/A.2 and seized 76 kgs of Ganja in the Presence Of mediators. lt is submitted that this court had enlarged Accused Nos.3 to 5 on bail and aS allegation against this Petitioner iS Similar, the counsel sought Petit'IOner tO be released On bail. 4. Learned ASsistant Public `Prosecutor submitted investigation is substantially completed and RFSL received by the Investigating Officer.
5 ln view of the fact that Accused A3 to A5 were already released on ba" ln crl p.Nos 8838 and 8649 of 2024 and the fact that the substantlve part of the lnvestlgatIOn Its completed, thl's court s of the oplnI®On that there I'S no requlrement for further detentlon of the petltlOner/A.2 and he l®s entI'tled to be enlarged on ball, on the following condl'tl'ons.|- (I') The petl'tjoner/Accused No 2 sha" be released on executlng a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two I suretl-es for a I,-ke sum each to the satl'sfactjon of the learned I Addltlonal Dl|str,'ct & sessl'ons Judge-cum- speclal' Judge for trial of offences under NDPS Act, court at vjsakhapatnam. . b - (I-i) on release, the petl'tI'Oner sha" appear before the station House officer concerned, once Ion a month till conclusI-On Of trl®aI. (jill) The petitI-Oner sha" not directly or indirectly contact or threaten the witnesses under any cI'rCumstances and any such attempt sha" be construed as an attempt of I'nfluencl-ng the witnesses and sha" I not tamper evidence and shall co-operate wl'th the investl'gatI'On. lt js made clear that the petjt,-oner sha" scrupulously comply with the above conditions and breach of any of the above condjtjons will be _--------`__
viewed serl'ously and prosecution is at liberty {o move an application for cancellation of the bail. (iv) The Petitioner shall not go beyond the jurisdiction of the Visakhapatnam District without prior intimatioh to the Investigating Officer and he shall make himself available of hI'S location through mobile phone by pairing it with the mobl'le phone of the Investigating Officer as held by the Hon'ble Supreme Court in the case of Puranmal Jat v. State of Rajasthan1. 6. With the above condI-lions, the Criminal Petition is allowed. Consequently, miscellaneous applications, if any, pendI'ng Shall stand closed. SD/- N.NAGAMMA ASSISTANT SECTION OF //TRUE COPY/I ft #c#sTRAR ER Tot 1 _ _-----------.----I-------__ _ ,_
1. The I Additional District & Sessions Judge -Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3.
The Station House Officer, Koduru P.S., now AnakapaIIi-District. 4. One CC to SRI. GOLLAPALLI MAHESWARA RAO Advocate [OPUC]
5. Two CCs to`PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT]
6. One spare copy| ER 12023'SCC Online SC 1418
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HIGH COURT VN, J DATED: 02/01 /2025 BAIL ORDER CRLP.No.9521 of 2024 ALLOWED a TTa