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2025 DAILYLAW 3778 (AP)

BHUKYA NAVEEN v. THE STATE OF ANDHRA PRADESH

CRLP/444/2025 · 2025-01-21

V R K Krupa Sagar

body2025

Judgment text

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/- / c' \ IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: p| THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR-i CRIMINAL PETITION NO: 444 OF 2025 E= Betwee n : Bhukya Naveen, S/o. Eru, AI22, C/ST-Lambadi, Mulakalapalli Village, Turakapalli MandaI, YadadrI' Bhuvanagiri District, Telangana State ... Petitioner/A2 AND The State of Andhra Pradesh, through the station House Officer, Moothugudem p.s, East GodavarI' District, Represented by the publI'C Prosecutor, High Court ofAndhra Pradesh. ...Respondent petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated ,-n memorandum of grounds of criminal Petition, the High Court may be pleased to grant him bail on such terms and conditl®ons as deemed fit directing his enlargement I'n Crime N6. 62 of 2024 of Moothugudem police station; The petition coming on for hearing, upon perusing the petitl®on and memorandum of grounds of criminal petition and upon hearing the :rugblI:ePnrtoSseOcfu:or; i:rutghg:r:IeaspSounbdaesnht7, Advocate for the petltIOner and / ORDER: This Criminal Petition, u_nder Sectl'ons 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short lBNNS') is filed by Petitioner/A2, seekl'ng regular bail in crime No.62 of 2024 of, I? Moothugudem police station, AIIuri Sitharama Raju District, registered for the offences punishable under Sections 111 (2)(b) of BNS, 8(c) I/w 20 (b)(ii)(C) of NDPS Act, 1985. 2. Heard Sri Duggirala Subash, learned counsel for the petitioner and sri K.Sandeep, the learned Assistant Public Prosecutor for respondent/State. 3. Perused the record. 4. Having heard the learned counsel on both sides and perused the record, it is seen that on 27.08.2024, the police party noticed two Persons, and upon Seeing the police party, one of them escaped, while the other was apprehended and found in possession of 215 kgs of ganja. The person arrested at the scene was A1, while the person who escaped was A2. The present petitioner is A2. ln CrI.P.No.9022 of 2024, this Court, by Order dated 20.12.2024, declined to grant regular bail to this petitioner. \ \ 5. ln this renewal bail petition, the submission made is that`the petitioner/A2 was arrested on 29.08.2024, and no contraband was recovered from him. I± is further submitted that I-n crl.p.No.9156 of 2024, I by Order dated 08.01.2025, Al was granted regular bail. 6. The learned Assistant Public Prosecutor, appearing for the state, opposes the prayer, arguing that the contraband involved is a commercial quantity. 7. Considering the rI-Val submissions and on perusal of the record, it is seen that best part of investigation is complete, and even the expert opinion has been received by the prosecution. lt is clear that the ;., \ `\ E= contraband was recovered fr6m A1, and nO contraband Was found in the possession of A2/petitioner, 8. ln the above referred c'lrcumstanCeS, any COntinued detention does not seem necessary. Hence, the prayer iS granted. 9. ln view of the said circumstances, the Criminal Pet'ltiOn iS allowed. petitioner herein/A2 shall be enlarged On bail On executing a Personal bonds for a sum of Rs 30,000/_ (Rupees Thirty Thousand Only) With two sureties of the like sum each to the satisfaction of the Learned I Additional District and Sess'lons Judge at RajamahendraVaram, East Godavari District. The petitioner is permitted tO furnish the Sureties from the state of Andhra Pradesh. He shall not indulge in Similar acts Of crime and shall duly attend the trial Of the Case. The petitioner Shall regularly appear before the competent court and participate in pre-trial and trial process without fail. pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// A S S%#1'NPTRARfa# SECTION OFFICER To, 1. The lSt Additional Sessions Judge at RampachodaVaram. 2.The I Additional District and Sessions Judge at Rajamahendravaram, East Godavari District 3. The Metropolitan Sessions Judge-Gum-I Additional District and sessions Judge-Gum-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam. 4. The Superintendent, Central Prison at RajamahendraVaram. FT 5. The Station House Officer, Moothugudem Police Station, East // Godavari District. 6. One CC to Sri. DuggiralaSubash, Advocate [OPUC] 7. Two CCs to Public Prosecutor, High Court ofAP [OUT] 8. One spare copy MM Note: The Court name lfLearned Metropolitan Sessions Judge- cum- Special Judge for Trial of Offences under NDPS Act, Visakhapatnam" is corrected as [[Learned I Additional District and Sessions Judge at Rajamahehdravaram, East Godavari District" in the order portion as per court order dated.29.01.2025 in I.A.No.1 of 2025. Substitute this amended order in the place of earlier order, which was dispatched on 22.01.2025. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR E- HIGH COURT t'-: jie7 'ts.i gr Dr VRKS,J DATED:21/01 /2025 (29.01.2025) ORDER (Amended) CRLP.No.444 of 2025 ALLOWED