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2025 DAILYLAW 54564 (AP)

Killo Timothi Abhi v. The state Of Andhra Pradesh

CRLP/6583/2025 · 2025-11-05

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE iPRESENT: i THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA^ CRIMINAL PETITION NO: 6583 OF 2025 Between: Killo Timothi Abhi, S/o.Kandranna, Aged 25 years, R/o Taggupadu /Village,Injari Panchayat Pedabayalu Mandal, ASR District .... Petitioner/Accused AND The state Of Andhra Pradesh, By its Public Prosecutor, High Court of A.P., Affiaravati, Through Station House Officer, Rulugunta Police Station .... Respondent Petition under Section 480^& 483 of Cr.P.C and u/s 437 & 439 of CrPC is filed praying that in the circumstances stated in the affidavit filed in support of the Crimfhal Petition, the High Court may be pleased to enlarge the Petitioner/A.2 on Regular Bail in connection with Crime No.30/2025 on the file of Rolugunta Police Station, Anakapalli District. dated:21.04.2025. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI CHALAMALASETTI ANIL KUiyiAl^ Advocate for the Petitioner, Assistant Public Prosecutor for respondent and the Court made the following. ORDER 1 APHC010318802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6583/2025 Between; Killo Timothi Abhi ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.CHALAMALASETTI ANIL KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT 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 Petitioner/Accused No.2 on bail in Crime No.30 of 2025 of Rolugunta Police Station, Anakapalli District, registered against the Petitioner/Accused No.2 herein for the offences punishable under Section 20(b)(ii)(B), 25 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). at rJ 2 Heard the learned counsel for the petitioner and the learned Assistant 2. Public Prosecutor. Perused the record. As seen from the record, the petitioner/accused No.2 was arrested on 21.04.2025. He has been in judicial custody for the past 195 days. He was arrested on the ground that he was indulged in dealing with 26 kgs of ganja with the aid of the other accused. The petitioner continues to be in judicial 3. custody beyond the statutory period of 180 days. The petitioner is a permanent resident of Taggupadu Village, Alluri Seetharama Raju District. He has got fixed abode. The learned Assistant Public Prosecutor submits that there is one adverse antecedent against the petitioner. Be that as it may, the petitioner/Accused No.2 is presumed to be innocent until the guilt is proved. In Prabhakar Tiwari v. State of U.P. and others^, the Hon’ble Apex Court has categorically held that criminal antecedents should not be taken into consideration while considering an application for grant of bail. An application seeking extension of further remand beyond 180 days was dismissed by the learned Trial Court on 30.10.2025. Considering the facts and circumstances of the case, the nature and 4. gravity of the allegations levelled against the petitioner/Accused No.2, and the fact that the petitioner has completed the statutory period entitling him to ^ 2020 (11) see 648 3 ( default bail, this Court is inclined to enlarge the petitioner/Accused No.2 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam. The petitioner/Accused No.2 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. I. II. iii. The petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. / The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. The petitioner/Accused No.2 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. The petitioner/Accused No.2 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. IV. V. VI. .a 4 vii. The petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. ' SD/-A.VIJAYA BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, V The Additional Judicial First Class Magistrate, Narsipatnam. 2. The I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences Under NDPS Act, Visakhapatnam. 3. The Superintendent, Central Prison, Visakhapatnam. 4. The Station House Officer, Rulugunta Police Station One CC to SRI. CHALAMALASETTI ANIL KUMAR Advocate [OPUC] ^ Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 7. One spare copy / ksr V., HIGH COURT i DR.YLR, J DATED:06/11/2025 BAIL ORDER CRLP.No.6583 of 2025 ALLOWED i i V