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2025 DAILYLAW 43903 (AP)

ANDU VENKATA RAO AND VENKATESWARA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/4225/2025 · 2025-04-29

T Mallikarjuna Rao

body2025

Judgment text

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lN THE HIGH COURT-OF ANDHRA PRADESH AT AMAR! ., I ho WEDNESDAY, THE THIRTIETH DAY OF APRIL :;!r§ T.WO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA CRIMINAL PETITION NO: 4225 OF 2025 Betwee n : Andu Venkata Rao & Venkateswara Rao, S/o.Kishor Rao, aged abt 27 years, R/o.Kamta Village and post, Bharugumma, Koraput District, Oddisa State ` Pet:jtjoner/Accused AND The State Of Andhra Pradesh, SHO, GRP P.S., Vlzakapatanam, Represented by its public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. Respondent/comp]ainant Petition under section 480 & 483 of BNSS/437 & 439 of Cr.P.C, is filed Praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to enlarge the Petitioner/A5 on Regular Bail in respect to the crime No.220/2024 on the file of GRP Police Station, Visakapatanam The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri. ANAND KUMAR KOCHIRI Advocate for the petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following: i- . APHCO10200092025 lN THE HIG'JH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO £R[MINAL PETITION NO: 4225/2025= Between : Andu Venkata Rao And Venkateswara Rao u.PETITIONER/ACCUSED AND The State Of Andhra Pradesh .HRESPONDENT/CO'MPLAINANT Counsel for the Petitioner/accused: 1.ANAND KUMAR KOCHIRI Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A5, seeking bail, in Crime No.220/2024 of Visakhapatnam Police Station, GRP Vijayawada. 2. A case has been registered against the petitioner/A5 and others for the offences punishable u/Sees.20(b)(ii)(C) I/w 8(c) of the NDPS Act. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/state. 4. Case of the prosecution, in brief, is that, on o8.07.2024, on receipt of credible information, the Sub-Inspector of Police along.with his staff and mediators, while conducting checking at Platform No.8 of Visakhapatnam Railway Station found Al to A4 in possession of 31.6 Kgs of Ganja. The - --_==\ nd 2 JrTr contraband along with other material was seized under the cover Of mediators report. Bas'lng on the confession Statement Of CO-accused, the petitioner/A5 was arrested on 29.3.2025. 5. Perused the record. 6. Learned counsel for the Petitioner COntendS that a Crime Came tO be registered on o8.712024 and basing on th6 confession statement Of CO- accused, the name of the petitioner herein is arrayed as accused in the present cr'lme. Except the said confessional Statement, nO Other material iS collected showing the complicity of the petitioner in the present crime. 7. Learned Assistant Public Prosecutor opposed tO grant bail tO the petitioner on the ground that investigation is not yet completed. 8. After careful observation Of the material On record and SubmiSSiOnS made on,behalf of both sides, i{ shows that no contraband has been seized from the. possession' of the petitioner. The case against the Pet'1tiOner iS Only based on the confessional statement of co-accused and when ascertained, learned Assistant Public Prosecutor submitted that nO antecedents Were reported against the petitioner| since the petitioner has been in remand from 29,03.2025, this Court found that most Of the investigation Pertaining tO the role played by the petit|IOner in the commission Of the Offence WOu'd be completed. a lt is submitted that the petitioner DhaS Permanent abode, there iS no possibil'lty of his fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioner would not cause tampering of evidence and hamper'lng of investigation. consider'lng the :EE=: i 3 entire material on record, thJi|s court is inclined to grant bail to the petitioner with some conditions. 9. ln the result, the criminal Petition is allowed with the following conditions: (i) The petitioner/A5 herein shall be released on his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with one surety for a like sum to the satisfaction of the learned VI Judicial Magistrate of First CIass for Railways, Visakhapatnam,-. (ii) On release, the petitioner shall appear before the station House Officer concerned once in a fortnight between 10.OO a.m. and 12.00 noon, for a period of three (o3) n;onths. (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation'. SD,- K.SR!N!Vris,,3. ,I-RAJ_lJ ASSJS`l-AingT j±+ TRAR //TRUE COPY// SECTION OFFi j To, 1. The VI Judicial Magistrate of First Class for Railways and VI Additional Civil Judge,.Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, GRP Police Slat-IOn, V'lsakhapatnam, 4. One CC to Sri. ANAND KUMAR KOCHIRI, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. One spare copy JSS \ HIGH COURT TMR, J DATED:30.04.2025 BAIL ORDER CRLP.No.4225 of 2025 ALLOWED :{i`>. ;gq 30 APE 2025 •-+* t' pJ*