Extracted from the PDF above. The PDF is authoritative.
~| IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF APRIL, , ,:` TWO THOUSAND AND TWENTY FIVE = PRESENT: i.;
HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3536 OF 2025 Between : Pangi Seshu, S/o Srikanth (late),age 20 years, R/o Kolagunnala Village, Kudumsara Panchayat Colrony ChintapaIIi MandaI, ASR District / .I.Petitioner/Accused No.6 AND The State of Andhra Pradesh, Through Station House Officer, Koyyuru Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. ...Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C Old Under Section 480 & 483 of BNSS, 2023 is filed praying that in the cI-rCumStanCeS Stated in memorandum of grounds of CrI-minal PetI-lion, the High Court may be pleased to release the petitioner on Bail in connection with Crime No.94/2024 of Koyyuru Police Station; The petition coming on for hearing, upon perusing the petition and memorandum of grounds of criminal petition and upon hearing the
arguments of Sri lsukapatla Ajay Krishna, Advocate for the Petitioner and Public Prosecutor for the Respondent;
t_ ~/ THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
ORDER:- CRIMINAL PETITION NO: 3536 of 2025 This Criminal Petition under Sections 480 and 483 of B.N.S.S., has been filed by the petitioner/A6, seeking regular bail in Crime No.94 of 2024 of Koyyuru Police Station, AIIuri Sitharama Raju District. 2. The above said crime was registered against the Petitioner herein and others for the offence punishable under Sections 111 (2)(b) of the BNS and under Sections 20(b)(ii)(C), 25 r/w 8(c) of the NDPS Act. 3. Case of the prosecution, in brief, is that, on 30.09.2024 at about 10.00 a.m. while the Sub-Inspector of Police, Koyyuru PS along with his staff was conducting vehicle checking at the outskirts of Cheedipalem village of Koyyuru Mandal, they found one pulsar motorcycle and two cars coming from Budaralla village side and on seeing the police Personnel, they tried to reverse their vehicles, but the poI`lce caught the drivers of two cars,however the other accused escaped from the scene; that on inquiry, they confessed about possession of 851 kgs of ganja packed in 279 packets; that the police arrested the accused and seized 851 kgs of ganja from their possession under the cover of a Mediators Report, basing on which a case .in Crime No.94 of 2024 of Koyyuru Police Station was registered for the aforesaid offences, got remanded them to judicial custody and investigated into the crime. *-_ =p / `,-_---
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4. Learned counsel for the Petitioner contended that the Petitioner iS in judicial custody from 04.10.2024 and even after expiry of statutory period, police have not filed charge sheet, as such the petitioner is entitled for statutory bail. 5. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory period is completed, but opposed to grant bail. 6. Heard. Perused the record. 7. As seen from the record, the Petitioner Was arrested On 04.10.2024 and since then he has been languishing in jail. ln the said facts of the case, this Court views that most of the investigation concerning the role played by the petitioner in the commission of the alleged offence has likely been concluded. lt has been submitted that the petitioner is permanent resident of chintapalli Mandal and there is no credible apprehension of his fleeing away from justice.
Additionally, since most of the witnesses are official, the release of the petitioner would not impede the investigation or tamper with the evidence and also after completion of statutory period, police have not filed charge sheet and also they have not filed any petition for extension of time for I'nVeStigatiOn. ln View Of Seizure Of huge quantity of contraband, imposing stringent conditions would meet the ends of justice. --T'
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8. ln view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/A6 with the following conditions. (i) The petitioner/A6 shall be released on his executing a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for a like sum each to the sat]'sfaction of the learned Metropolitan Sessions Judge-Gum-I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam; (ii) On release, the petitioner shall appear before the Station House OffI-Cer concerned On every Wednesday and Sunday between 10.00 a.m. and 12.00 noon for a period of four (04) months. (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. 9. Accordingly, the Criminal Petition is allowed. I -. _-, \ ...,_`--.I u'`| s D,-A. Vijjfa¥ri'.'BAE±i;i-i //TRUECOPY/I ASSi I. tR,Eel!STRAp` FFECEE?A ..` ~,gr
To] / The Metropolitan SessIOnS Judge-Gum-I Addl D'lstrICt & Sesslons Judge-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Pr'lson, Visakhapatnam. The Station House Officer, Koyyuru Police Station i/. one cc to sRl. lsukapatla.Ajay Krishna Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court ofAP [OUT] 6rOne spare copy MM /3. Eiiiiiiiiiiii I-I ',,J HIGH COURT I . . / / I /'t ,, I.J -; .; / / 'IJ''' TMR,J DATED :29/04/2025
ORDER CRLP.No.3536 of 2025 ALLOWED \i- /dy'?. ,!l //.,,