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2025 DAILYLAW 55040 (AP)

Matcha Matcha Tarun alias Tharun v. The State of Andhra Pradesh

CRLP/12531/2025 · 2025-12-07

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

'r-t'. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAfli^?:^' s '■ V* MONDAY, THE EIGHTH DAY OF DECEMBER. TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12531 OF 2025 Between: Matcha Matcha Tarun @ Tharun, S/o. Late Vinayak, aged about 21 Years, R/o. Door No.25-01-39, Rammurthy Panthulu Peta, Kancharapalem, Visakhapatnam City. ... Petitioner/Accused-6 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati. ... Respondent/Complainant Petition under Section 480 & 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 release the petitioners/A6 on Bail in connection with Crime No.663 of 2025 of P.M.Palem Police Station, Visakhapatnam City, Dated 12-11-2025, under 20(b)(ii), 27(a)(b) NDPS Act 1985. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Kakumanu Joji Amrutha Raju, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following APHC010654042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ife [3521] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12531/2025 Between: Matcha Matcha Tarun Alias Tharun ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.KAKUMANU JOJI AMRUTHA RAJU 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 Petitioner/Accused No.6 on bail in Crime No.663 of 2025 of P.M Palem Police Station, Visakhapatnam City, registered against the Petitioner/Accused No.6 herein for the offences punishable under Sections 20(b)(ii), 27(a) and 27(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. 2 2. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. As seen from the record, the allegation against the Petitioner/Accused No.6 is that he was spot arrested while in possession and transportation of 1.6 Kgs of ganja along with six other accused. It is not a commercial quantity. There are no similar criminal adverse antecedents reported against the petitioner. So for, five witnesses are examined. They are all material and official witnesses. There may not be any chances of petitioner to threaten the official witnesses or to tamper with the evidence or hamper the investigation. The petitioner is arrested on 12.11.2025. He has been in the judicial custody for the past 26 days. The petitioner is a permanent resident of Rammurthy Panthulu Peta, Kancharapalem, Visakhapatnam. He got fixed abode. No application has been filed seeking custodial interrogation of the petitioner. This Court, in Criminal Petition No.12079 of 2025 dated 28.11.2025, enlarged Accused No.7 on bail. Similarly, Accused Nos.2 and 4 were enlarged 3. 4. on bail by this Court in Crl.P.No.l 1972 of 2025 on 26.11.2025. The petitioner is also entitled to be considered on the same footing as the accused who were enlarged on bail. Considering the facts and circumstances of the case, gravity and nature of the allegations levelled against the Petitioner/Accused No.6, this Court is inclined to enlarge the Petitioner/Accused No.6 on bail with the following stringent conditions: 5. The Petitioner/Accused No.6 shall be enlarged on bail subject to h^r executing a bond for a sum^of Rs.10,000/- I. 3 (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned XVI Additional Metropolitan Magistrate at Bheemunipatnam. ii. The Petitioner/Accused No.6 shall appear before the Station House Officer, P.M Palem Police Station, Visakhaptanam, 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.6 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.6 shall not commit or indulge in commission of any offence in future. V. The Petitioner/Accused No.6 shall cooperate with the investigating officer in further investigation of the case and shall make herself available for interrogation by the investigating officer as and when required, vi. The Petitioner/Accused No.6 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.6 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. 6. Accordingly, the Criminal Petition is allowed. SD/- K-J.RAJA BABU ASSISTANT^E^STRAR SECTION OFFICER 1. The Court of XVI Additional Metropolitan Magistrate, Bheemunipatnam. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, P.M.Palem Police Station City. 4. One CC to Sri Kakumanu Joji Amrutha Raju, Advocate [OPUC] 5. Two Amaravati.[OUT] 6. One spare copy. //TRUE COPY// To, Visakhapatnam CCs to PUBLIC PROSECUTOR, High Court of A.P., PSD HIGH COURT DR.YLR.J DATE:08/12/2025 BAIL ORDER CRLP.No.12531 of 2025 ALLOWED