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2025 DAILYLAW 53087 (AP)

NALLURU AJITH KUMAR @ AJITH v. The State of Andhra Pradesh

CRLP/11344/2025 · 2025-11-13

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTEENTH DAY OF NOVEMBER, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11344 OF 2025 \ i / 4; m 'w p, O /■w / m isi'ij; Between: 1. Nalluru Ajith Kumar @ Ajith, S/o. Sowndar Pandu, aged 26 Resident of Boggula Colony, Nagarajapuram, Sullurpeta town, now at Vatrapamem, Sullurpet Town, SPSR Nellore District. 2. Gurukalkandriga Rakesh @ B.Rakesh, S/o. Gurukalakandriga Babu, aged 20 years. Resident of Karur Village, Tada Mandal, SPSR Nellore District. years, ...Petitioners/Accused 8 and 9 AND The State of Andhra Pradesh, Represented by the Public Prosecutor Court of Andhra Pradesh, Amaravathi, Through S.H.O. of Sullurpeta Police Station, SPSR Nellore District. High ...Respondent Petition under Sections 480 and 483 of BNSS. is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused on bail on connection with Crime No. 144 of 2025, of Sullurpet Police Sullurpet Town, SPSR Nellore District, for the offences Sections 8(c) r/w 20 (b)(ii)(c) of NDPS Act, 1985. in the interest of justice. No. 8 and 9 Station, punishable under The petition coming on for hearing upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Sai Teja, Advocate for the Petitioners Madala and of Public Prosecutor for Respondent, the Court made the following APHC010584322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11344/2025 Between: 1.NALLURU AJITH KUMAR @ AJITH, S/0. SOWNDARPANDU, AGED 26 YEARS. RESIDENT OF BOGGULA COLONY. NAGARAJAPURAM, SULLURPETA TOWN, NOW AT VATRAPAMEM, TOWN, SPSR NELLORE DISTRICT. 2 SULLURPET 2.GURUKALKANDRIGA RAKESH RAKESH GURUKALAKANDRIGA BABU, AGED 20 YEARS. RESIDENT OF KARUR VILLAGE, TADA MANDAL, SPSR NELLORE DISTRICT . B. S/0. j j ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Represented by the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Through S.H.O. of Sullurpeta Police Station SPSR Nellore District. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to enlarge the Petitioner/ Accused No. 8 and 9 on Bail in connection with Crime No. 144 of 2025, of Sullurpet Police Station, Sullurpet Town, SPSR Nellore District, for the offences punishable under Sections 8 (c ) r/w 20 (b) (ii) ( C ) of NDPS Act, 1985, in the interest of justice Counsel for the Petitioner/accused(S): 2 1.MADALA SAl TEJA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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.8 & 9 on bail in Crime No. 144 of 2025 of Sullurpet Police Station, Sullurpet Town, SPSR Nellore District, registered against the Petitioners/Accused Nos.8 and 9 herein for the offences punishable under Section 8(c) read with Section 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. The Petitioners/Accused Nos.8 and 9 were allegedly involved in transporting of 20 Kgs of Ganja. It is not a commercial quantity. The petitioners were arrested on 08.07.2025. They have been in judicial custody for the past 118 days. The petitioners have come into light based on evidence of Accused Nos.1 to 5 who were arrested on the spot. Accused Nos.1 to 6 were already enlarged on bail. Except alleged confession of Accused Nos.1 to 5, there is no other substantial material available to connect the petitioners to the crime. Therefore, the possibility of the petitioners threatening the official . 3 witnesses, tampering with evidence, or hampering the investigation does not arise. The petitioners are permanent residents of SPSR Nellore District. They have got fixed abode. Substantial portion of the investigation with respect to the alleged role played by the petitioners is completed. No application was filed seeking custodial interrogation of the petitioners so far. The learned Assistant Public Prosecutor submits that if conditions are 4. imposed, there is no likelihood of their absconding or evading the process of law. The Petitioners/Accused Nos.8 and 9 are of impressionable ages, 26 years and 20 years respectively. Considering the facts and circumstances of the case, the nature and 5. gravity of allegations levelled against the Petitioners/Accused Nos.8 and 9, this Court is inclined to enlarge the Petitioners/Accused Nos.8 and 9 on bail. In the result, the Criminal Petition is allowed with the following stringent 6. conditions: \ The Petitioners/Accused Nos.8 and 9 shall be enlarged on bail subject to they executing bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First • Class, Sullurpet. I. ii. The Petitioners/Accused Nos.8 and 9 shall appear before the Station House Officer concerned, on every 4 Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioners/Accused Nos.8 and 9 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.8 and 9 shall not commit or indulge in commission of any offence in future. V. The Petitioners/Accused Nos.8 and 9 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. vi. The Petitioners/Accused Nos.8 and 9 shall surrender their passport, if any, to the investigating officer. If they claim that they does not have a passport, they shall submit an affidavits to that effect to the Investigating Officer. SDI- G.HELANAIDU DEPUTYfREGlSTRAR / //TRUE COPY// SECTION OFFICER To, The Additional Judicial Magistrate of First Class, Sullurpet. The Superintendent, Central Jail, Nellore, Andhra Pradesh. The Station House Officer, Sullurpet Police Station, Sullurpet Town, SPSR Nellore District. One CC to Sri Madala Sai Teja, Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] One spare copy. 1. 2. 3. 4. 5. 6. PSD T HIGH COURT DR.YLR.J DATE:14/11/2025 BAIL ORDER CRLP.No.11344 of 2025 ALLOWED