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2025 DAILYLAW 55928 (AP)

Nidigunta Aruna v. The State of Andhra Pradesh

CRLP/12008/2025 · 2025-12-03

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: the honourable dr justice Y. LAKSHMANA RAO CRIMINAL PETITION NO; 12008 OF 2025 AT AMARAVi \ Between: Nidigunta Aruna, D/o Narasimhulu Harijanawada, Poleramma Street, .Hindu, aged about 31 . ^ Peddapadugupadu Village, Sai Enclave Apadnnent KRR Nagar, Padugupadu, Kovur Mandal, Sri Potti Srirantulu Nellore District. (Presently lodged in Nellore Central Jail) years, R/o Old ■ ■■Petitioner/Accused No.4 AND The State of Andhra Pradesh, Represented by Public Prosecutor, High Court Of AP through the Station House Officer, Vedayapalem Police Station City, Sri Potti Sriramulu Nellore District. Neilore ...Respondent/Complainant Petition under Sections 480 & 483 of BNSS circumstances stated in the memorandum of grounds filed i Criminal Petition, the High Court bail in mentioned Crime No praying that in the in support of the may be pleased to enlarge the Petitioner 351/2025 registered by the Vedayapalem 8(c) read with 209b)(ii)(B) of the Narcotic - Act, 1985, in the interest of Justice. on Police Station, Nellore, under Sections Drugs and Psychotropic Substances The Petition coming on for hearing, upon perusing the Petition memorandum of grounds filed in support thereof and arguments of SRI B SARVOTHAM REDDY Advocate PUBLIC PROSECUTOR, for the Respondent and the upon hearing the for the Petitioner, and of I the Court made the following 2 Dr.YLR, CrI..PNo. 12008 of 2025 . Dated 04.12.2025 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 Petitioner/Accused No.4 on bail in Crime No.351 of 2025 of Vedayapalem Police Station, SPSR Nellore, registered against the Petitioner/Accused No.4 herein for the offences punishable under Sections 8(c) read with 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2, Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. As seen from the record, this is the second bail application filed 18.11.2025. This Court, vide order dated 27.10.2025 in CrI.P.No.10309 of 2025, dismissed the first bail application on the ground that the investigation was still at a nascent stage. This Court has already enlarged Accused No.1 bail vide order dated 16.10.2025 in Crl.P.No.10319 of 2025. The petitioner was arrested on execution of PT. Warrant on 04.09.2025 in the present Crime, FIR No.351 of 2025. She has been in judicial custody for the past 91 days. The charge sheet has not been filed. The petitioner entitled to default bail, as the charge sheet has not been filed even after completion of 90 days, as mandated under Section 187(3)(i) of ‘the BNSS’. 3. on on 4. IS ...T 3 Dr.YLR,J CrI.R No. 12008 of 2025 Dated 04.12.2025 5. The learned counsel for the petitioner submits that the petitioner is a single parent, and her son is studying in First Class at Ithaka International School. Her mother is suffering from severe health issues, and there is no one to take care of her. The presence of the petitioner is essential for her son and mother to take care of their daily affairs. The petitioner was allegedly involved in dealing with 19.470 KGs of ganja, which is not a commercial quantity. The learned Assistant Public Prosecutor submits that the charge sheet has not been filed even after completion of 90 days from the date of arrest of the petitioner. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.4, this Court is inclined to enlarge the Petitioner/Accused No.4 on bail with some stringent conditions. 7. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.4 shall be enlarged on bail subject to her executing bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned V Additional Judicial First Class Magistrate, Nellore. 4 Dr. YLFx, Cn..PNo. 12008 of 202b Dated 04.12.2025 ii. The Petitioner/Accused No.4 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.4 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.4 shall not commit or indulge in commission of any offence in future. V. The Petitioner/Accused No.4 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.4 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. SD/- G.HELANAIDU DEPUTYKEG //TRUE COPY// R For To, SECTION OFFICER 1. The V Additional Judicial First Class Magistrate, Nellore. The Superintendent, Central Jail, Nellore, SPSR Nellore District The Station House Officer, Vedayapalem Police Station SPSR Nellore District One CC to SRI. B SARVOTHAM REDDY Advocate [OPUC] Two^CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh One spare copy 2. 3. Nellore City, 4. 5. 6. PSR HIGH COURT DR.YLR,J DATED:04/12/2025 BAIL ORDER CRLP.No.12008 of 2025 ALLOWED