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2025 DAILYLAW 41772 (AP)

Unda Yemi Vijaya Ganapathi Krishna Kumar v. The State of Andhra Pradesh

CRLP/11311/2025 · 2025-11-06

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3521] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE iPRES^NT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAdT CRIMINAL PETITION NO: 11311 OF 2025 .M Between: Urid^ Yemi Vijaya Ganapathi Krishna Kumar, S/o.Somanna, aged abt 22 years, R/o.36-93-301/3, Indiranagar-V, Kancherapalem,Visakapatan am City. Petltioner/Accused-I AND The State of Andhra Pradesh, ,SHO, Kancherapalem P.S., Vi^kapatanam, Represented by its Public Prosecutor,High Court of Andhra Pradeshat Amaravati, Guntur District 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 enlarge the Petitioner on Regular Bail in respect to the Crime No.372/2025 on the file of Kanchirapalem Police Station, Visakapatanam COUNSEL FOR THE PETITIONER : SRI. ANAND KUMAR KOCHIRI COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER ASSISTANT REGISTRAR 1 APHC010582682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11311/2025 Between: Unda Yemi Vijaya Ganapathi Krishna Kumar AND ...PETITIONER/ACCUSED The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.ANAND KUMAR KOCHIRI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT 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 Petitioner/Accused No.1 on bail in Crime No.372 of 2025 of Kancherapalem Police Station, Visakhapatnam District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Section 20(b)(ii)(B) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). ri'>’ ' 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The petitioner was arrested on 01.10.2025. He has been in judicial custody for the past 36 days. The learned Assistant Public Prosecutor submits that there are no similar adverse antecedents reported against the petitioner, but three cases registered for the alleged offence under the provisions of ‘the IPC’. The petitioner was found in possession of 2 kgs of ganja. It is not a commercial quantity. So far, three witnesses have been examined, all of whom are material and official witnesses. Therefore, the possibility of the petitioner threatening the official witnesses, tampering with evidence, or hampering the investigation does not arise. The petitioner is permanent resident of Kancherapalem, Visakhapatnam City. He has got fixed abode. If conditions are imposed, there is no likelihood of his absconding or evading the process of law. Considering the facts and circumstances of the case, the nature and 4. gravity of allegations levelled against the Petitioner/Accused No.1 ,this Court is inclined to enlarge the Petitioner/Accused No.1 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: The petitioner/Accused No.1 shall be enlarged on bail subject to he executing bond for a sum of Rs. 10,000/- (Rupees I. <5 3 ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned VII Additional Judicial Magistrate of First Class, Visakhapatnam. The petitioner/Accused hlo.l 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 petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. II. IV. V. The petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to VI. 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. vii. The petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. SD/-A.VUAYA' BABU DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER Of First Class, Visakhapatnam Kanchirapalem Police Station, y The VII Additional Judicial Magistrate 2^ The Station House officer, Visakapatanam ^The Superintendent, Central Prison, • One CC to SRI. ANAND KUMAR KOCHIRI 5. Two CCs to PUBLIC PROSECUTOR o. One spare copy Visakhapatnam Advocate [OPUC] High Court of A.PfOUT] HIGH COURT DR.YLR,J DATED:07/11/2025 BAIL ORDER CRLP.No.11311 of 2025 ALLOWED