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2025 DAILYLAW 51806 (AP)

Koppaka Veerababu v. The State of Andhra Pradesh

CRLP/11744/2025 · 2025-12-04

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3521] IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR^\^ FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAC^ CRIMINAL PETITION NO: 11744 OF 2025 Between: 1. Koppaka Veerababu, W/o Srinivas, aged 19 years, D.No.3-16/A, Babvujipeta,Gummalldoddi Village & Mandal, East Godavari District. 2. Avula Ashok, S/o Marayya, aged 21 years, D.No.1-182/A, Taraka Nagar, Gokavaram Village & Mandal, East Godavari District. 3. Mekala Lalu Prasad, S/o Venkatesu, aged 25 years, D.No. 1-250/1, Sanjeev Nagar,Gokavaram Village & Mandal, East Godavari District. ....Petitioners/Accused No.2,3,4 AND The State of Andhra Pradesh, Rep. by SHO Nidadavoie Town P.S, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. Respondent/Complainant Petition under Section 480 & 483 of B.N.S.S, is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge them on bail in Cr. No. 100/2025 of Nidadavoie Town Police Station, West Godavari. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI V V NAGA VISHNU TEJA Advocate for the Petitioners, PUBLIC PROSECUTOR Advocate for the Respondent and the Court made the following ORDER 2 Dr. YLR,J Crl.PNo.11744 of 2025 Dated 05.12.2025 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.2 to 4 on bail in Crime No. 100 of 2025 of Nidadavole Town Police Station, East Godavari District, registered against the Petitioners/Accused Nos.2 to 4 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(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 2. Public Prosecutor. Perused the record. 3. As seen from the record, the allegation against the petitioners/Accused Nos.2 to 4 is that they were allegedly indulged in dealing with 28.105 Kgs of ganja. They were spot-arrested. The seized contraband is commercial quantity. After thorough investigation, charge sheet has been filed on 04.11.2025. The seized contraband was found in the trunk of the car in which the petitioners were travelling. The petitioners were arrested on 03.08.2025. They have been in judicial custody for the past 122 days. Against Accused No.2, there are six IPC cases; they are: 1. Cr.No.244 of 2020, 2. Cr.No.534 of 2019, 3. Cr.No.102 of 2021, 4. Cr.No.102 of 2023, 5. Cr.No.41 of 2023 and 6. Cr.No.98 of 2021. Against Accused No.4, there are six IPC cases; they are: -Svf 3 Dr. YLR.J Crl.RNo.11744 of 2025 Dated 05.12.2025 1. Cr.No.290 of 2021, 2. Cr.No.366 of 2014, 3. Cr.No.214 of 2019, 4. Cr.No.01 of 2024, 5. Cr.No.446 of 2020 and 6. Cr.No.125 of 2016. 4. Nevertheless, there are no similar criminal adverse antecedents against the petitioner No.2/Accused No.3. Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner No.2/Accused No.3 on bail with the following stringent conditions: i. The Petitioner No.2/Accused No.3 shall be enlarged on bail subject to his executing bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Nidadavole. ii. The Petitioner No.2/Accused No.3 shall appear before the learned Trial Court on each and every adjournment without fail. iii. The Petitioner No.2/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 No.2/Accused No.3 shall not commit or indulge in commission of any offence in future. V. The Petitioner No.2/Accused No.3 shall not, directly or indirectly, make any inducement, threat or promise to any .4 m Dr.YLR.J Crl.PNo.11744 of 2025 Dated 05.12.2025 person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. Considering the gravity and nature of the allegations levelled against Petitioners/Accused Nos.2 and 4, this Court is not inclined to enlarge the 5. Petitioners/Accused Nos.2 and 4 on bail. 6. In the result, the Criminal Petition is partly allowed, dismissing the petition insofar as Petitioners/Accused Nos.2 and 4, is concerned, and allowing the petition in favour of Petitioner No.2/Accused No.3. SD/-U.SR! DEVI DEPUTY //TRUE COPY// SECTION OFFICER GiSTRAR To, 1. The Additional Judicial First Class Magistrate, Nidadavole. 2. The I Additional District and Sessions Judge-cum-Special Court for Trial of Offences under NDPS Act, Eluru, West Godavari District. 3. The Superintendent, Rajamundry Central Prison, Rajamundry, East Godavari. 4. The Station House Officer, Nidadavole Circle P.S, West Godavari. 5. One CC to SRI. VV NAGA VISHNU TEJA, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 7. One spare copy adp HIGH COURT DR.YLR.J DATED; 05/12/2025 BAIL ORDER CRLP.No.11744 of 2025 ALLOWED