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2025 DAILYLAW 55931 (AP)

Korra Eliah alias Hrithik alias Eliya v. The State of Andhra Pradesh

CRLP/13363/2025 · 2025-12-30

Y Lakshmana Rao

body2025

Judgment text

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APHC010703592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13363/2025 Between: 1. KORRA ELIAH ALIAS HRITHIK ALIAS ELIYA, S/0 MAHESH DANDU, AGED 19 YEARS,R/0, BESIDE CHURCH, CHINTHAGUPPA VILLAGE, KILLAMKOTA PANCHAYATH, GMADUGULA MANDAL, ALLURI SITA RAMA RAJU DISTRICT. 2. PANGI SHIVA, S/0 SANYASIRAO LATE, AGED 21 YEARS, R/0, SETUDU STREET,ANNAVARAM COLONY, A.ANNAVARAM PANCHAYATH, CHINTHAPALLI MANDAL,ALLURI SITA RAMA RAJU DISTRICT 3. VANTALA KONDABABU ALIAS BALARAJU ALIAS BALA, S/0 RANGARAO, AGED 21 YEARS,R/0, KOTHAVADA VILLAGE, MONDIGADDA PANCHAYATH, GK VEEDHI MANDAL,ALLURI SITA RAMA RAJU DISTRICT 4. GEMMELI TRINATH ALIAS BATTU ALIAS TRINADH, S/0 CHINNARAO, AGED 24 YEARS,R/0, SETUDU STREET, ANNAVARAM COLONY, A.ANNAVARAM PANCHAYATH,CHINTHAPALLI MANDAL, ALLURI SITA RAMA RAJU DISTRICT. ...PETITIONER/ACCUSED Nos.2 to 5 AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, Through the SFIO,Patamata PS, NTR District, High Court of Andhra Pradesh at Amravati. ...RESPONDENT/COMPLAINANT 2 Dr.YLR,J Crl.P.No.13363 of 2025 Dated 31.12.2025 Counsel for the Petitioner/accused(S): PANGI RAJU BABU Counsel for the Respondent/complainant: 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.2 to 5 on bail in Crime No.593 of 2025 of Patamata Police Station, N.T.R.District, registered against the Petitioners/Accused Nos.2 to 5 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the Petitioners are at impressionable age, i.e., 19 to 24 years. The allegation against the Petitioners/Accused Nos.2 to 5 is that they were found in possession of 5 Kgs of ganja. It is not a commercial quantity. There are no similar criminal adverse antecedents reported against the petitioners. The petitioners are permanent residents of Alluri Sita Rama Raju District. They have got fixed abode. No application was filed seeking custodial interrogation of the petitioners. The petitioners were arrested on 28.11.2025. They have been in judicial custody for the past 33 days. So far, 3 Dr.YLR,J Crl.P.No.13363 of 2025 Dated 31.12.2025 five witnesses have been examined, they are all material and official witnesses. The petitioners may not venture to threaten the official witnesses or tamper with the evidence or hamper the investigation if they are enlarged on bail with some stringent conditions. Since the petitioners have got fixed abode, they may not evade from the process of law. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.2 to 5, this Court is inclined to enlarge the Petitioners/Accused Nos.2 to 5 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.2 to 5 shall be enlarged on bail subject to them executing bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum to the satisfaction of the learned IV Additional Chief Judicial Magistrate, Vijayawada. ii. The Petitioners/Accused Nos.2 to 5 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. 4 Dr.YLR,J Crl.P.No.13363 of 2025 Dated 31.12.2025 iii. The Petitioners/Accused Nos.2 to 5 shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.2 to 5 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos.2 to 5 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The Petitioners/Accused Nos.2 to 5 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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 31.12.2025 PRA