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2025 DAILYLAW 40449 (AP)

Jagati Kumar v. The State of Andhra Pradesh

CRLP/11770/2025 · 2025-11-20

Y Lakshmana Rao

body2025

Judgment text

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1= IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA^I FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER 4 TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11770 OF 2025 4-' m.i M A 5;- I • ft 1,‘jm i S-i'- f- f. I ;’7 '1^ / ir flY .1. Between: 1. Jagati Kumar, S/o. Venkataiah, Aged 26 years, D.no. 19-1999 Muthireddy Kunta,Miryalaguda (v) & (m), Nalgonda District,State of Telangana. 2. Daduva Srinath, S/o. Shankar, Aged 20 years, Mangapuram (v) Vemanapalli (m) ,Salkunur; Nalgonda District, State of Telangana. ... Petitioners/Accused No.1 & 2 1 1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ....Respondent/Complainant Petition under Section 480 & 483 of BNSS is filed, 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/Accused No. 1 & 2 on bail in Crime No. 29 of 2025^ oh the file of the Mothugudem Police Station. > The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI DASARI RAMAKOTESWAR RAD Advocate for the Petitioners, Assistant Public Prosecutor for the respondent and the Court made the following. ORDER 1 ,C010611212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11770/2025 Between: Jagati Kumar and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused(S): 1.DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused No.1 and 2 on bail in Crime No.29 of 2025 of Mothugudem Police Station, Ailuri Sitharama Raju District, registered against the Petitioners/AccusedNo.1 and 2 herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 2. Heard the learned counsel for the petitioners and the learned Assisu Public Prosecutor. Perused the record. 3. The allegation against the petitioners/accused Nos.1 and 2 is that they were found in possession of 2 kgs of ganja and they were spot arrested on 04.11.2025. The seized contraband is not commercial quantity. They have been in judicial custody for the past 17 days. The petitioners are permanent resident of Telangana State. They have got fixed abode. So far, six witnesses have been examined, all of them are material and official witnesses. Therefore, the possibility of the petitioners threatening the official witnesses, tampering with evidence, or hampering the investigation may not arise. No application has been filed seeking for custodial interrogation of the petitioners. If certain conditions are imposed, there is no likelihood of their absconding evading the process of law. or Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 and 2, this Court is inclined to enlarge the Petitioners/Accused Nos.1 and 2 on bail. 4. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: The Petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to they executing bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of I. 3 the learned Judicial First Class Magistrate Rampachodavaram. ii. The Petitioners/Accused Nos.1 and 2 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioners/Accused Nos.1 and 2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence in future. V. The Petitioners/Accused Nos.1 and 2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vi. The Petitioners/Accused Nos.1 and 2 shall surrender their passport, if any, to the investigating officer. If they claim that they does not have a passport, they shall submit an affidavits to that effect to the Investigating Officer. Sd/-U.SRI DEVI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Court of Judicial First-Class Magistrate at Rampachodavaram. 2. The Superintendent, Rajamundry Central Prison, East Godavari District. Moothugudem Police Station, Alluri Sitharama Raju District, 3. The SHO, 4. OneCCto SRI. DASARI RAMAKOTESWAR RAO Advocate [OPUC] PUBLIC PROSECUTOR, High Court of Andhra Pradesh 5. Two CCs to [OUT] 6. One spare copy HIGH COURT DR.YLR, J DATED:21/11/2025 BAIL ORDER CRLP.No.11770 of 2025 ALLOWED \ % Ik f CO Or/; ic// •k