E! E!EERE I.: :JBetween r/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA FRIDAY, THE THIRTY FIRST DAY OF JANUARY / TWO THOUSAND AND livENTY FIVE / Trff1 : PRESENT: ONOURABLE SRI JUSTICE NYAPATHY VIJAY / CRIMINAL PETITION NO: 688 OF 2025 / Gemmeli siva Kumar @ siva (g) pandu, s/o satyanarayana, occu cooH Aged 2 years, Bagatha (sT), R/o Korukonda MandaI, AIIuri Sita Rama Village, Balapam panchayath, chinthapl Raju District. f~ Petitioner/Accused No. 2 AND The State of Andhra pradesh, Rep by its public Prosecutor, Through the SHO, Koyyuru police Station, Anakapalli Dl'strict, High Court of Andhra Pradesh at Amravati. Respondent/complainant1- i petition under section 437 & 439 ofCr.P.C, praying that in the circumstancesr stated in the affidavit filed in support of the criminal petition, the High Court may be pleased to release the petitioner/Accused No.2 on ba" I'n FIR No.84 of 2024 of Koyyuru police station, AIluri Sita Rama Raju District on 31-07-2024 on the terms' and condI-tiOnS aS the Court may deem fit and proper in the facts and cl-rcumstances of the case. , couNSEL FORTHE PETITIONER: Sri Pangi Raju Babu COUNSEL FOR RESPONDENT: public Prosecutor. The Court made the following -, .i. F, THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY gBIMJE4!±EI!±!QLN NO.688 o±2Q2S ORDER: 1. The present Criminal Petition iS filed underSections 480 and 483 of B.N.S.S. Act, 2023 seeking tO enlarge the Petitioner/ Accused No.2 on bail in F.I.R. No.84 of 2024, dated 31.07.2024 on the file of the Koyyuru Police Station, Alluri Sita Rama Raju District, registered for the offence punishable under Sections 20(b)(ii)(C), 25 R/w 8(c) of NDPS Act. 2. Heard Sri Pangi Raju Babu, learned COunSel for the Petitioner and the learned Assistant Public Prosecutor for the Respondent-State. 3. Perused the record. 4. The Petitionerherein iSAccused No.2 in the above said crime. 5. As per the record, the Petitioner/Accused No.2 was arrested on 31.07.2024 and was Sent tO remand On 01.08.2024 after being caught on the spot in custody of 60 Kgs. of Ganja while having the same in Auto Rickshaw bearing No.AP 31 TN 3472. 6. Without going into the facts Of the Case, it iS Submitted by the counsel for the petitioner/Accused No.2 that as on date 180 days of detention is completed but no charge sheet has been filed. 7. The learned Assistant Public Prosecutor states that nO Charge has been filed for want of availability of Accused No.1 and no aftolication was filed before the concerned Court seeking for extension A of time to file charge sheet. _ \ ¢ 7<( -=-~-,=> -, - I_ ---- ® I,n 8. In view of the above, this court is of the opinion that further detention of the Petitioner/Accused No.2 is not required and he is entitled to be released on baI-I On the following conditions:- (i) The Petitioner/Accused No.2 shall be released on executing Personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Metropolitan Sessions Judge-Gum-I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. (ii) On release, the Petitioner/Accused No.2 shall appear before the Station House Officer concerned, once in a month till conclusion of trial. (iii) The Petitioner shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be COnStrued aS an attempt Of influencing the Witnesses and Shall not tamper evidence and shall co-operate with the investigation. lt is made clear that the Petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed Seriously and Prosecution iS at liberty tO move an application for cancellation of the bail. (iv) The Petitioner shall not leave the J'uriSdiCtiOn Of the Visakhapatnam Dis.trict without prior intimation to the Investigating officer and he shall make himself available of his location through mobile phone by pairing it with the mobile phone of the concerned station House Officer as held by the Hon'ble Supreme Court in the case of PuranmaI Jat v. State of Rajasthan1. / 12023 SCC Online SC 1418 I. 9. Accordingly, the Criminal Petition is allowed. As a sequel, pending applications, if any, shall stand closed. I /ITRUE COPY// Fol sD/-K. KASIRAO AcHARI ` A SsS:ScTT:ONNTu#:::csiiA R 1. The Metropoll'tan Sessions Judge-cum-I Additional District & Sessions Judge-` Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, Koyyuru Police Station, Alkluri Sita Rama Raju District. 4. One CC to Sri Pangi Raju Babu Advocate [OPUC] 5. Two cos to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 6. One spare copy ~*~ \+i HIGH COURT VNJ DATE 31-01-2025 ORDER CRLP.No.688 of 2025 ALLOWING THE CRIMINAL PETITION i© 3 FF_B E»25 ```