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2025 DAILYLAW 47802 (AP)

Gowtham v. The State of Andhra Pradesh

CRLP/12261/2025 · 2025-12-02

Y Lakshmana Rao

body2025

Judgment text

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[3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATM WEDNESDAY ,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12261 OF 2025 '■'f. % v; »■. i f 'f Between: 1. Gowtham S/o. Rangaswamy, Aged about 33 R/o. Thiruvalluruvar Street, Mettukulam Village, Koyembedu, Chennai, Tamilnadu State - 600107 years } > 2. Deepak Babu, S/o Dillibabu, Aged 24 years, R/o. Sindhy Street, Sudesai Nagar, Thirunindravur Village, Poonamillee Sub District, Thiruvellur District, Tamilnadu State. 3. Harish, S/o. Anbu, Aged about 22 years, R/o. Bhavani Street, Sudesi Nagar,Thirunindravur Village, Thiruvallur District, Tamilnadu State. Petitioners/Accused No.1,3 & 4 AND The State of Andhra Pradesh, SHO, Nathavaram, Anakapalli District, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. Respondent/Complainant Petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant A1, A3 & A4 bail on Such terms and conditions as deemed fit directing their enlargement in the Crime no. 125 of 2025 of Nathavaram PS, Anakapalli District. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri BHOOMA MAHARSHI REDDY Advocate for the Petitioner PROSECUTOR (AP) for the Respondent and the Court made the following. PUBLIC > APHC010637482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12261/2025 Between: 1.GOWTHAM, S/0. RANGASWAMYAGED ABOUT 33 YEARS,R/0. STREET,METTUKULAM VILLAGE,KOYEMBEDU, CHENNAI,TAMILNADU STATE - 600107 THIRUVALLURUVAR 2.DEEPAK BABU, S/0 DILLIBABU,AGED 24 YEARS,R/0. SINDHY STREET, SUDESAI NAGAR,THIRUNINDRAVUR VILLAGE,POONAMILLEE SUB DISTRICT,THIRUVELLUR DISTRICT, TAMILNADU STATE. 3.HARISH, S/0. ANBU,AGED ABOUT 22 YEARS,R/0. BHAVANI STREET, SUDESI NAGAR,THIRUN1NDRAVUR VILLAGE, THIRUVALLURDISTRICT,TAMILNADUSTATE. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, SHO, Nathavaram, Anakapalli District,Rep. by its Public Prosecutor, High Court of Andhra Pradesh,Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.BHOOMAMAHARSHI REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 Dr. YLR,J CrI.RNo. 12261 of 2025 Dated 03.12.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1, 3 & 4 on bail in Crime No. 125 of 2025 of Nathavaram Police Station, Anakapalli District, registered against the Petitioners/Accused Nos.1, 3 & 4 herein for the offences punishable under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 2. 3. As seen from the record. the allegations against the Petitioners/Accused Nos.1, 3 & 4 are that they were found in possession and transportation of 8 Kgs of Ganja. They were spot-arrested. So far, 5 witnesses have been examined. They are all material and official witnesses. Substantial portion of the investigation with regard to the alleged role played by the petitioners concerned is completed. The chances of the petitioners threatening the official witnesses, tampering the evidence, or hampering the investigation may not arise. The seized contraband is not a commercial quantity. The petitioners were arrested on 03.11.2025. They have been in judicial custody for the past 30 days. The petitioners are permanent residents of Tamilnadu State. They have a fixed abode. There are no similar adverse criminal 3 Dr.YLR,J CrI.RNo. 12261 of 2025 Dated 03.12.2025 antecedents reported against the petitioners. If the petitioners are enlarged on bail, they may not evade the process of law. Considering the facts and circumstances of the case, the nature and 4. gravity of allegations levelled against the Petitioners/Accused Nos.1, 3 & 4 this Court is inclined to enlarge the Petitioners/Accused Nos.1, 3 & 4 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions; i. The Petitioners/Accused Nos.1, 3 & 4 shall be enlarged on bail subject to them executing bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties for the like sum to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam. ii. The Petitioners/Accused Nos.1, 3 & 4 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioners/Accused Nos.1, 3 & 4 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.1, 3 & 4 shall not commit or indulge in commission of any offence in future. . 4 D.rYLR.J Crl.RNo.12261 of 2025 Dated 03.12.2025 V. The Petitioners/Accused Nos.1, 3 & 4 shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required. Vi. The Petitioners/Accused Nos.1, 3 & 4 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. SD/- N.NAGAMMA ASSISTANTaREGISTRAR //TRUE COPY// SECTION OFFICER F To 1. The Additional Judicial First-Class Magistrate, Narsipatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, Nathavaram, Anakapalli District. 4. One CCto SRI. BHOOMA MAHARSHI REDDY Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of A.P., Amaravati [OUT] 6. One spare copy HIGH COURT DR.YLR,J DATED:03/12/2025 BAIL ORDER CRLP.No.12261 of 2025 ALLOWED