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2025 DAILYLAW 51451 (AP)

Yarramsetty Sai Harsha Vardhan v. The State of Andhra Pradesh

CRLP/12380/2025 · 2025-12-04

Y Lakshmana Rao

body2025

Judgment text

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APHC010643402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12380/2025 Between: Yarramsetty Sai Harsha Vardhan ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: 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 Petitioner/Accused No.3 on bail in Crime No.46 of 2025 of Vizianagaram Rural Police Station, Vizianagaram District, registered against the Petitioner/Accused No.3 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 short, 'the NDPS Act'). 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, this Court, in Crl.P.No.9113 of 2025 dated 10.09.2025, refused to grant pre-arrest bail to the petitioner. However, liberty was granted to the petitioner to surrender before the learned jurisdictional Court and move an appropriate application. Accordingly, the petitioner surrendered on 03.11.2025 before the learned Magistrate and filed an appropriate application, but the same was dismissed. The role of the petitioner came to light based on the confession of Accused Nos.1 and 2, who were found in possession of 1.57 kilograms of ganja. The said quantity is not a commercial quantity. Nothing was seized from the possession of the petitioner, and he was not apprehended at the spot. There are no adverse or similar criminal antecedents reported against the petitioner. He has been in judicial custody for the past 32 days. The period of custodial interrogation is also over, and no application has been filed seeking custodial interrogation of the petitioner. The petitioner is a permanent resident of Jonna Guddi, Vizianagaram, Vizianagaram District, and has a fixed abode. If he is enlarged on bail, he is unlikely to evade the process of law. 4. Considering the facts and circumstances of the case, gravity and nature of the allegations levelled against the Petitioner/Accused No.3, this Court is inclined to enlarge the Petitioner/Accused No.3 on bail with the following stringent conditions: i. The Petitioner/Accused No.3 shall be enlarged on bail subject to he executing a bond for a sum of Rs.10,000/- (Rupees 3 ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Special Judge for Trial of Cases under NDPS Act-cum-I Additional Sessions Judge, Viziangaram. ii. The Petitioner/Accused No.3 shall appear before the Station House Officer, Vizianagram Rural Police Station, Vizianagaram District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioner/Accused No.3 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.3 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The Petitioner/Accused No.3 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 or to any police officer. vii. The Petitioner/Accused No.3 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 5. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.12.2025 Note:- Issue C.C today B/o KMS THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO 4 CRIMINAL PETITION NO: 12380 OF 2025 05.12.2025 KMS