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2025 DAILYLAW 42351 (AP)

Yakasiri Jagadish Kumar Alias Sunny v. The State of Andhra Pradesh

CRLP/12166/2025 · 2025-12-01

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ d ’S. r .• ••TSiftV'-V.'- ft IN THE HIGH COURT OF ANDHRA PRADESH AT TUESDAY, THE SECOND DAY OF DECEMBE TWO THOUSANP AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12166 OF 2025 ATI t t. A': }. t St, M " '*r ■n ,'T ■/ 1 • J; Between: 1. Yakasiri Jagadish Kumar Alias Sunny, S/o.Late Nagaraja,Aged about 20 years,R/o.Ravichettu Centre, Mulapet.Nellore City, SPSR Nellore District. 2. Chithooru Muni Rajesh, S /o. Subramanyarn.Aged about 20 years,R/o.8 Street, Chandra Mouli Nagar,Vedayapale, Nellore,SPSR Nellore District. 3. Sambaiahpalem Syamsundar, S/o.Late Prasad,Aged about 19 years, R/o.Sarvepalli Canal Bank.Harinathpuram, NeHore City,SPSR Nellore District. 4. Kota Santosh, S/o.Ramesh,Aged about 19 years,R/o.Sarvepalli Canal Bank,Harinathpuram, Nellore City,SPSR Nellore District. ...Petitioners/ Accused no.1, 3, 4 & 5 AND The State of Andhra Pradesh, Through Station House Officer, Santhapeta Police Station, SPSR Nellore District, Rep., by its Public Prosecutor, High Court at Amaravathi. ...Respondent/ Complainant Petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to release the Petitioners on bail in Crime No.206/2025 on the file of the Santhapeta Police Station, SPSR Nellore District in the interest of justice; The petition coming on Tor hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri P.Nagecdra Reddy, Advocate for the Petitioners and Public Prosecutor for the Respondent, the Court made the following; , 2 Dr.YLR.j ~ Crl..PNo.12166 of 2025 Dated 02.12.2025 \ Counsel for the Respondent/complainant: 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 Nos.1, 3, 4 & 5 on bail in Crime No.206 of 2025 of Santhapet Police Station, SPSR Nellore, registered against the Petitioners/Accused Nos.1, 3, 4 & 5 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic SubstancesAct, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the petitioners, who are 4 in number, arraigned as accused Nos. 1, 3, 4 & 5, are all at the impressionable ages of 19 and 20 years respectively. They were all spot-arrested while in possession and transportation of 4.5 kgs of ganja along with other accused. The seized contraband is not a commercial quantity. So far, 6 witnesses have been examined. They are all material and official witnesses. The chances of the petitioners threatening those official witnesses, tampering the evidence, or hampering the investigation are bleak. No application was filed seeking custodial interrogation of the petitioners. The material portion of the 3 Dr. YLR,J Crl.PNo.12166oT2025 Dated 02.12.2025 investigation with regard to the alleged role played by the petitioners is completed. The petitioners are permanent residents of Nellore City, SPSR Nellore District. They have got fixed^ abode. If they are enlarged on bail with certain stringent conditions, they may not evade from the process of law. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1, 3, 4 & 5, this Court is inclined to enlarge the Petitioners/Accused Nos.1, 3, 4 & 5 on bail with some stringent conditions. In the result, the Criminal Petition is allowed with the following stringent 5. conditions: i. The Petitioners/Accused Nos.1, 3, 4 & 5 shall be enlarged on bail subject to them executing bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class for Special V > Mobile Court, Nellore. ii. The Petitioners/Accused Nos.1, 3, 4 & 5 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. 4 Dr.YLR,^ Crl..PNo.12166 of 2025 Dated 02.12.2025 iii. The Petitioners/Accused Nos.1, 3, 4 & 5 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, 3, 4 & 5 shall not commit or indulge in commission of any offence in future. V. The Petitioners/Accused Nos.1, 3, 4 & 5 shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required, vi. The Petitioners/Accused Nos.1, 3, 4 & 5 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. SD/- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY! I SECTION OFFICER To, 1. The Judicial Magistrate of I Class for Special Mobile Court, Nellore. 2. The Superintendent, District Jail, Nellore. 3. The Station House Officer, Santhapeta Police Station, SPSR Nellore District. 4. One CC to Sri. P.Nagendra Reddy, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of AP [OUT] 6. One spare copy HIGH COURT Dr.YLR.J DATED:02/12/2025 ORDER CRLP.No.12166 of 2025 ALLOWED