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2025 DAILYLAW 36468 (AP)

KONA PREM KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/9672/2024 · 2025-01-27

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- ``\.\` lN THE HIGH COURT OF ANDHRA PRADESH AT AM J} AJRAN ,# MONDAY, THE TWENTY SEVENTH DAY OF JANUARY, TWOTHOUSANDAND TWENTY FIVE lie# : PRESENT: ti#~~ gr,''- _ THE HONOURABLE SRI JUSTICE K SREENIVASA CRIMINAL PETITION NO: 9672 OF 2024 \o.c,grJ~-+4P Betwee n : \ __-:-F` 1. Kona Pre`in+'Kumar, S/o Satyanarayana @ Suman, Age-18 yrs, R/o D.No.17-13-5, Upper Relli Veedhi, I Town area, VSP City.ty 2. Kona Abhi K#mar, S/o YeIIaji, Age-20 yrs, R/o D.No.17-13-5, Kodipandela Veedhi, Upper Relli Veedhi, I Town area, VSP City. \gr r---A -,-- AND ...Petitioners/Accused No.1 & 2 \of S The State of Andhra Pradesh, Through Station House Officer, I Town Police Station, Rep. by its Public Prosecutor, High Court ofAndhra Pradesh, Amaravathi, Guntur District. \t, ...Respondent/Complainant `frdrv \=`. =`T`fu._=st Petition under Section 437 & 439 of Cr.P.C & 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to release \ vofrf the petitioner on Bail in connection with Crime No.241 of 2024 on the file of the I Town Police Station; The petition coming on for hearing, upon perusing the petition and memorandum of grounds of criminal petition and upon hearing the arguments of M/s Bandi P#veena, Advocate for the Petitioners and Public Prosecutor for the Respondent; [3327] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL Betwee n : Kona Prem Kumar and another ...PETITIONER/ACCUSED(S) AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh counsel for the pet-ltioner/accused(S): 1. BANDI PRAVEENA counsel for the Respondent/COmPIainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/Al and A2, seeking regular bail, in Crime No.241 of 2024 of Visakhapatnam I Town Police Station, visakhapatnan-i commissionerate. .=? ``_ r- 2 Jr, 2. A case has been registered against the petitioners herein and another for the offences punishable under Sections 20(a)(i), 20(b)(ii)(B) read with 8(b) and 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short lthe NDPS Act'). 3. Case of the prosecution, in brief, is that, on 08.ll.2024, between 17.00 and 18.30 hours, on receipt of credible information, the Sub-Inspector of Police, I Town Police Station, Visakhapatnam City, along with his staff and mediators, proceeded to open place behind UG Women's Hostel, KGH, Visakhapatnam c'lty and found the accused were 'ln possession of 2 Kgs of Ganja and also cultivating Ganja in bushes. The contraband was seized under cover of a mediators report and a case has been registered against the accused. 4. Heard. Perused the record. 5. Petitioners herein were arrested on 08.ll.2024 and since then they are in judicial remand. The quantity of Ganja allegedly seized from`the possession of accused is 2 Kgs, which is not a commercial quantity. Learned Assistant Public Prosecutor submitted that major portion of 'lnvest'lgation has been completed. czz32ZF Tol 3 ~/ 6. ln view of the aforesaid `facts and circumstances of the case, this Court is inclined to grant bail to the petitioners/Al and A2 on the following conditions. i) The petitioners/Al and A2 shall be released on bail on their executing personal bonds for Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of the like sum each to the satisfaction of the learned Metropolitan Sessions Judge- Gum-I Additional District and Sessions Judge-Gum-Special Judge for trial of offences under the NDPS Act, Visakhapatnam. ii) On release, the petitl'oners shall appear before the +-+-.i~ Station House Officer concerned, once in a week i.e., on every Saturday between 10.00 am and 01.00 pm, till filing of the charge sheet. 7. Accordingly, the Criminal Petition is allowed. i-7` //TRUE COPYFo £3/slg+pARAT%EA±®K§TRR4ARRAO /zy SECTION OFFICER 1. The Metropolitan sessl-ons Judge-Gum-I Addi[l®onal District by \, Sessions Judge-Special Judge for Trial of Offences Under NDPS Act, at Visakhapatnam. rf=`, 2. The Superintendent, central*pti-son, vlsakhapatnarii-i 3. The Station House Officer, I Town Police Station, Visakhapatnam _/' tJ¢drconmissienarate. `|z-``+- 4. One CC to Sri. Bandi Praferf;^na, Advocate [OPUC] 5. Two CCs to Public Pros'gg;iAtor, High Court ofAP [OUT] 6. One spare copy HIGH COURT SRK,J DATED: 27/01 /2025 ORDER CRLP.No.9672 of 2024 ALLOWED .,.t!