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2025 DAILYLAW 4232 (AP)

PILLA VENKATA SIVA @ SHIVA v. THE STATE OF ANDHRA PRADESH

CRLP/573/2025 · 2025-02-10

K Sreenivasa Reddy

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I.\\ `'\ IN THE HIGH COURToF ANDHRA PRADESH AT AMARAVAT MONDAY ,THE TENTH DAY OF FEBRUARY TWOTHOUSANDANDTWENTY FIVE ~ :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDD CRIMINAL PETITION NO: 573 OF 2025 p~ Betwee n : pilla venkata siva @ shiva, s/o kalyanam, Age 33 years, R/o Ratnampeta Village, Rolugunta Manda] Anakapalli District Petitioner/Accused NO.2 AND THE STATE OF ANDHRA PRADESH, Through Station House Officer, Rolugunta Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District Respondent/Complainant petition under sections 437 and 439 of Cr.P.C(New Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita,2023), is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to release the petitioner On bail in connection with crime No. 108/2022, Rolugunta Police Station, Anakapalli Distr-let, (Visakhapatnam District) . The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of sri K PRIDHVI RAJU , Advocate for the Petitioner and of PUBLIC PROSECUTOR for Respondent, the Court made the following ORDER ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A2, seeking regular bail, in Crime No.108/2022 of Rolugunta Police Station. 2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 20(b)(ii)(C) r/w 8(c), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short lthe NDPS Act'). 3. The case of the prosecution in brief is that: On 19.5.2022 at 1.00pm, on receipt of credible information about illegal possession and transportation of ganja, the S.I of police, Rolungunta police station along with staff reached Bolapur village junction and started conducting vehicle checking. They found one car bearing registration no.AP 31 N 6050, and on seeing police, the inmates of the car fled away. Then police searched the car and found 60 kgs of ganja in the car. I The contraband along with other material was Seized under cover of a mediators report and a case has been registered against the accused. petitioner/A2 was produced on 'l3.12.2024 on execution of P.T. Warrant and got remanded to judicial custody. 4. Heard. Pe+used the record. I Eiiiiiiii= 2 5. Learned AssI'StantJ' public prosecutor submits that most of the investigation has been completed except fill-ng of charge sheet. 6. A perusal of the material available on record goes to showthat the alleged incident said to have taken place in the year 2022 and A4 & A5 were arrested and they are alleged to have made a confessional statement. Basing on the said confessjona[ statement, the petl'tjoner has been arrayed as accused at a belated stage. lt I-S alleged that the quantity of the contraband involved js 60 kgs and it has been seized from A4 and A5 but not from this accused. ln pursuance of the confessional statement, nothing has been seized from the possession of the petl'tioner. The petitioner/A2 was arrested on 13.12.2024 and since then he is lan jail. 7. ln vl'ew of the aforesaid facts and circumstances of the case, thI'S court is incll-ned to grant bail to the petitioner/A2 on the followl'ng condI-lions. I-) The petl-tI®Oner/A2 shall be released on bail on his executing personal bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties of the ll-ke sum each to the satl'sfactl-on of the learned I Additional DI'StriCt and Sessions Judge, Visakhapatnam; ii) on release, the petitioner sha" appear before the 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. 8. Accordingly, the criminal Petitl'on is allowed. S_PL_B'PRASAD ASSISTAN F\AO lSTRAR //TRUE COPY// 5= ® SECT ON OFFICER For ASSIOI^l`. To, psk 1. The Metropol'ltan Sessions Judge Gum I Additional Distr'ICt & sessions Judge-Special Judge for trial of OffenCeS under NDPS Act, Visakhapatnam. ~ 2. The Superintendent, Central Jail, Visakhapatnam 3. The Station House Officer, Rolugunta Police Station, Anakapalli District. 4. One CC to SRI. K PRIDHVI RAJU Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court of A.P [OPUC] 6. One spare copy fr SRK,J DATED : 10/02/2025 BAIL ORDER CRLP.No.573 of 2025 ALLOWED |fl i FELj ?_ft25 `-~~J.- gil