Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 55613 (AP)

Pithani Ravi Kumar @ Ravi, v. The State of Andhra Pradesh,

CRLP/4085/2025 · 2025-04-23

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3369] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA+f THURSDAY, THE TWENTY FOURTH DAY OF APRJk`ed;#§g_l€:&€~z:`rj:;-^S-;=;:~: TWO THOUSAND AND TWENTY FIVE :PRESENT: t¢*~ THE HONOURABLE SRI JUSTICE T MALLIKARJU Betwee n : CRIMINAL PETITION NO: 4085 OF 2025 EEE= E=ERE Pithani Ravi Kumar @ Ravi, S/o. Late Krupa Rao, aged 39 years, R/o. Door No. 33-20-148/2 Gokul Theatre Backside, AIIipuram, P= Visakhapatnam city, N/o. D.No. 33-5-25/43, Nerellakoneru, Allipuram, Ward No. -30, Visakhapatnam -530004. Petitioner/ I./ Accused No.6 t# AND The State of Andhra Pradesh, Through Inspector 6ffpolice, Vl'sakhapatnam lI Town PS, Represented by its public Prosecutor, High Court of Andhra F>radesh at Amaravati. nEEEI Respondent/ tr,~ Complainant Petitl-on under sections 4w80 & 4~83 of BNSS (old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated I-n the affidavit filed in support Of the Criminal Petition, the High Court may be pleased to grant Bail V to the petitioner (A6) herein, in connection wI'th Crime No.102 of 2023 of II Town Police Station, vI'SakhaPatnam City. Lrf \_``.`.. The petition coming on for hearing, upon perusI'ng the Petition and the grounds filed in support thereof and upon hearing the arguments of sri + MAHESH ADAVIVARAPU, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the following; I.., APHCO10192972025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CR[M[NAL PETITION NO: 4085/2025 Between: Pithani Ravl' Kumar @ Ravi, AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1. MAHESH ADAVIVARAPU [3369] .UPETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Crimi\naI Petition, u/See.480 & 483 of the Bharatiya Nagarik Suraksha Sanhi{a, 2023, has been filed by the petitioner/A6, seeking bail, in Crime No.102/2O23 of II Town Police Station, Visakhapatnam Commissionerate. 2. A case has been registered against the petitioner and others for the offences punishable u/Sec.328, 284 r/w 34 Ipa and see.20(b)(ii)(C), 22(c) of NDPS Act and Sec.18(c) of DCA. 3. Heard learned counsel for the petitioner/A6 and the learned Assistant Public Prosecutor representing the respondent/state. `=_` \ \ -+ 2 4. Case of the prosecution, in brief, is that, on 14.5.2023J the Inspector of police, ll Town Police Station, Visakhapatnam city, on receipt of reliable information about some persons being in possession of ganja and noxious injections at dilapidated railway quarters at AIIimpura, went to the said place and apprehended Al to A3, who were found in possession of 21 kgs of ganja and 42 boxes containing 210O ampoules of Pentazocine Lactate Injections I.P and they disclosed the details as to how they procured the said injections and ganja for sale. After conducting panchanama and seizure of contraband, Al to A3 were arrested and remanded to judicial custody. They confessed the involvement of other accused in the commission of the offence. The petitioner was arrested on 28.01.2025 and remanded to judicial custody. 5. Heard. Perused the record. , 6. Learned Assistant Public Prosecutor opposed to grant bail to the petitioner and submitted that no antecedents reported against the. petitioner. 7. Learned counsel for the petitioner submits that a crime came to be registered on 14.5.2023 and basing on the confession statement of co- accused, this petitioner vias arrested on 28.01.2025 and since then he has been in judicial custody and the same was not disputed by the learned Assistant Public Prosecutor. He further submitted that A3 in this crime was released on bail vide orders of this Court in Crl.P.No.8516 of 2023 on 27.ll.2023 and the case of this petitioner is also on the same footing as that of A3 and prays {o allow the criminalp±tition. -_-`-=` 3 8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioner was arrested and remanded to judicial custody on 28.01.2025. Evidently no contraband has been seized from the possession of the petitioner. sI|nCe the accused has been in judicial custody from 28.01.2025, this Court found that most of the investigation pertaining to the role played by the petitioner in the commission of the offence would be completed. lt is submitted that the petitioner is a permanent resident of visakhapatnam and there is no POSSibility Of his fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioner would not cause tampering of evidence and hampering of investigation. A perusal of the order in CrI.P,NQ,8516 of 2023, goes to show that the case of this petitioner is also on the same footing as that of A3. When ascertained, learned Assistant Pljblic Prosecutor submitted that no antecedents are reported against the petitioner. Considering the entire material on record, this court is inclined to grant bail to the petitioner with some conditions. 9. ln the result, the Criminal Petition is allowed with the following conditions: (i) The petitioner/A6 herein shall be released on his executing a Personal bond for Rs.25,OOO/- (Rupees twenty five thousand only) with two sureties for a like sum to the satisfaction of the learned ll Additional Chief Judicial Magistrate, Visakhapatnam; (ii) On release, the petitioner s`haII appear before the s{a{ion House Officer concerned once in a fortnight, between `10.00 a.m. and 12.00 noon, for a period nftwo (o2) months. ct- i i. E- 4 (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. SD/u Ffl.PEA ASSISTANT //TRUE COPY// BREAFPl(a. RAG TF?AR SEC"ON C}FFiCER For| i To'1 The H A\d#l+t`IOnal Chlef Metropolltan Maglstrate atVls#hapatnam at Visakhapatnam ...`... 2.. The Superintendent, Central Prison, Visakhapatnam 3. The Station House Officer, ll Town Police Sffion, Visakhapatnam City 4-One CC to SRl. MAHESHADAVIVARAPU Advocate [OPUC] LIf BEE 5. Two CCs {o Public Prosecutor, High Court ofAP [OUT] `\, \.? 6. One spare copy KJ gr HIGH COURT TMR,J DATED : 24/04/2025 BAIL ORDER CRLP.No.4085 of 2025 ALLOWED