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2025 DAILYLAW 4518 (AP)

KORRA SIVA @ KANTHARI SIVA KUMAR v. THE STATE OF AP

CRLP/736/2025 · 2025-02-07

K Sreenivasa Reddy

body2025

Judgment text

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EE= IN THE HIGH COURT 9F ANDHRA PRADESH AT AMARAVAT FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE SRI JUSTICE K SREENIVASA CRIMINAL PETITION NO.I 736 OF 2025 Between.- REDDY / Korra SI-Va @ Kanthari sI-Va Kumar, s/o chittl'babu, occu coolj, Aged 28 years, R/o Matam Ganneraputtu village, Hukumpeta Mandal, AIIuri Sjta Rama Raju Dl'strj6t. ...PetitI-Oner/Accused No.5 AND The State of Andhra pradesh, Rep by lots public prosecutor, Through the SHO, Devarapalli Police Stall-on, Anakapalll' DI'StriCt, HI'gh Court of Andhra Pradesh at Amravatl-. ...Respondent/complaI-nant petI'tl'On under Sections 437 & 439 of Cr.P.C, and under sections 480 & 483 of BNSS praying that I-n the circumstances stated in the memorandum of grounds filed in support of the crl|minal petition, the High court may be pleased to release the petI'tI'Oner/Accused No.5 on bail in FIR No.172/2024 of Devarapalll-police station, Anakapalli District on 19-09-2024 on the terms and conditions as the court may deem fit and proper jn the facts and cl-rcumstances of the case. The Petl-tl|on coml-ng on for hearl'ng, upon perusing the petjtjon and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI PANGI RAJU BABU Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the Respondent,- APHCO10033522025 ERE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special original Jurisdiction) [3327] FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY qupJllNAL PETITION NO: 736!2Q2E Between : Korra Siva @ Kanthari S®lva Kumar ...PETITIONER/ACCUSED AND The State Of Ap ...RESPONDENT/COMPLAINANT counsel for the petitioner/accused-. 1. PANGI RAJU BABU counsel for the Respondent/COmPlainant: 1.PUBLIC PROSECUTOR The Court made the following Order: 1. The Crim'lnal Petition, under Sections 480 and 483 of the Bharatiya Nagar'lk Suraksha Sanh-Ita, 2023 is filed on behalf Of the petitioner/accused No.5 seeking regular bail in Crime No.172 of 2024 of Devarapalli Police Station, Visakhapatnam District. € _ifurfeJ-`=- t -I.iss r,-. -.3, L* 2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Actl 1985. 3. Case of the prosecution is that, on 19.09.2024, at about 17.30 hours, on credible information, the SI of Police, Deverapalli Police Station, along with his staff and mediators, proceeded to Srirampuram Junction of Deverapalli Mandal, Anakapalli District and found Al to A3 in possession and illegal transportation of 64 Kgs of Ganja in a white colour Maruthi Suzuki Swift Car bearing reg'lstration No.AP 23 AA 4156, The contraband along with vehicle and other material was seized under cover of a mediators report and a case has been registered against the accused. Subsequently, based on the confessional statement of Al to A3, the petitioner herein/A5 was arrested and remanded to jud-lcial custody on 12.ll.2024. 4. Heard both sides. 5. A perusal of the material goes to show that the name Of the petitioner herein is arrayed as accused No.5. Basing on the confessional statement of the co-accused, the petitioner name was included in this crime. The petitioner was arrested on ll.ll.2024 and remanded on 12.ll.2024 and since then, he iS in judicial I.i. . €==-` 3 J/ custody. Learned Assistant Public Prosecutor submits that major Part Of the investigation is completed except fill'ng of the charge- sheet. 6. In view of the aforesaid facts and circumstances, this court is inclined to grant bail to the petitioner/accused No.5 herein, on the followl|ng conditions. (i) The petitioner/accused No.5 herein shall be released on his executing a personal bond for Rs.10,00or (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the learned I Additional D-IStriCt & Sessions Judge-Gum-special Judge for trial of offences under the NDPS Act, at Visakhapatnam. (ii) On release, the petitioner/accused No. 5 shall appear before the Station House Officer concerned once in a week i.e. on every Sunday between 10.00 a.m. and o5.00 p.m., till filing of the charge-sheet. 7. Accordingly, thecrI'minal Petition isallowed. sD/-p.v,NOD ^ --_ ASSISTAri-i:, ASS _____ i;/ £J-,i-i,5 KuMAR G'STRAR //TRUE COPY// -y` SECTI6iv o`FFlcER To, ForASS._.. __ 1. The I Additl'onal Dl-strict & Sessions Judge-Gum-Special Judge for Trial of Offences under NDPS Act, at Visakhapatnam, visakhapatnam District 2. The Superintendent, central prl'son, visakhapatnam, visakhapatnam Distrl'ct 3. The Station House Officer, DevarapallI' Police Station, Anakapalli Distrl'ct 4. One CC to SRI PANGI RAJU BABU, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy PSR ~ HIGH COURT SRK,J DATED :07/02/2025 BAIL ORDER CRLP.No.736 of 2025 ALLOWED #a \