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2025 DAILYLAW 4390 (AP)

Shaik Karimulla, (A-8) v. The State of Andhra Pradesh,

CRLP/595/2025 · 2025-01-30

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

. `\``\` IN THE HIGH COURT 9F ANDHRA PRADESH AT AMARAV THURSDAY, THE THIRTIETH DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVE :PRESENT.- THE HONOURABLE SRI JUSTICE K SREENIVASA CRIMINAL PETITION NO: 595 OF 2025 Between : REDO 1. Shaik Karimulla, (A-8), S/o. Imam, Aged about 48 years, D.No,10- 12-1,Turakapalem, Mowa Mandal, KrI-Shna Dl-strict, Now residing at Tadigadapa, pappula Mill, Venkuduru Lakulu, Vijayawada. 2. Sayyad ArI'f Basha, (A-9), S/o. Sayyad Bali, Aged about 30 years. Mosque Street, Machilipatnam, Krishna Distrl-ct. 3. Shaik AIla Bakshu, (A-ll), S/o.Shaikimam, Aged about 56 years, D.No.3-170, Laxmipuram, KCP Quarters, challapalli, Krishna District, Now residing at Tadigadapa, pappula Mill, Venkuduru Lakulu, vijayawada. ||.Petitioners/Accused No.8,9,& ll AND The State of Andhra pradesh, Rep by its special public prosecutor, High Court of Andhra pradesh at Amaravathi. ...Respondent petitl'on under Sectl'on 437 & 439 of Cr.P.C & New Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of criminal petition, the High Court may be pleased to release the petitI-Oners/Accused No's.8, 9 and ll on baI-I in connection with Crime No.201/2024 dated.I ll.10.2024 Under Sections 20 (b)(ij)(c), 25 I/w 8(c) of NDPS Act,1985 on the file of the prakash Nagar Poll-Ce Station, Rajama'hendravaram, East Godavari; The petl'tion coming on for hearing, upon perusing the petitl-on and memorandum of grounds of criminal petitl'on and upon hearl'ng the arguments of Sri Venna Kalyan Chakravar{hi, Advocate for the petitioners and public Prosecutor for the Respondent,- . ` APHCO10O31292O25 lN THE HIGH COURTOFANDHRA PRADESH AT AMARAVATI (special original Jurisdiction) [3327] THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY c R I IVI I N Atl!!±EI!I!QD!D!9!9!Jg E2Q2§ Between : shaik KarimuIIa and Others I..PETITIONER/ACCUSED(S) AND The State Of Andhra ...RESPONDENT/COMPLAINANT Pradesh counsel for the Petitioner/accused(S): 1.VENNA KALYAN CHAKRA'VARTHI counsel for the Respondent/COmPlainant: 1.PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A8, A9 and All, seeking regular bail, in Crime No.201 of 202:4 of Prakash Nagar Police Station, East Godavari district. I- --> /? 2. A case has been registered against the petitioners herein and others for the offence punishable under section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic substances Act, 1985 (for short tthe NDPS Act'). 3. Caseofthe prosecution, in brief, isthat, on ll.10.2024, at about ll.45 am, on credible information, the Sub-Inspector of Police, Prakash Nagar Police Station, along with his staff and mediators, rushed to the spot and found Al to A6 were in possession of 21.05 Kgs of Ganja. The contraband was seized under cover of a mediators report and Al to A6 were arrested. Al to A6 confessed about the involvement of other Accused Nos.7 to ll in the present crime. 4. Heard. Perused the record. 5. A perusal of the material on record goes to show that basing on the confessional statement of co-accused, the names of the petitioners herein were shown as accused in the-present crime. Except the confessional statement of co-accused, there is no material to connect the petitioners herein/A8, A9 and All to the present crime and no contraband was seized from their possession. The quantity of contraband that was seized from the possession of Al to A6 is 21.05 Kgs of Ganja. Petitioners herein were arrested on 16.ll.2024 and since then they are in v- -ul f 3 judl'cial remand. Lea+ned Assistant PubII-C Prosecutor submits --*\ that major portion of investigation is completed and charge sheet =\`--_..v,-.`, could not be filed for want of inventory. That apart, thl®s court, vide order dated o9.01.2025 passed in crI. Petition No.9795 of 2024, already granted bail to Al to A5. 6. ln view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioners/A8, A9 and All on the following conditions. i) The petitioners/A8, A9 and All shall be released on bail on their executing personal bonds for Rs.10,000/-(Rupees Ten Thousand only) each with two sureties of the like sum each to the satisfaction of the learned II Additional Judicial Magistrate of First Class, Rajamahendravaram. ii) On release, the petitioners shall appear before the Station House Officer concerned, once in a week i.e., on every Saturday between 10.00 am and o1.00 pm, till fill-ng Of the charge sheet. 7. Accordingly, the Criminal Petition is allowed. I //TRUE COPY// For / SsE_±TB^-LEPAIfS_AD Rfi`o AS = =s:: N±AZg#c-gREB sECTI6N-6FvFlcER Jr, To, 1. The,[I Addl Judicial First Class Magistrate at Rajamahendravaram. 2. The Superintendent, Central Prison, Rajamahendravaram. 3. The Station House Officer, Prakash Nagar Police Station, 7 Rajamahendravaram. 4. One CC to Sri. Venna Kalyan Chakravarthi, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAP [OUT] 6. One spare copy rm EiiiI HIGH COURT SRK,J DATED:30/01/2025 ORDER CRLP.No.595 of 2025 ALLOWED | |. | r \ r I