Dileep Dusarabarika v. The State of Andhra Pradesh
CRLP/11322/2025 · 2025-11-13
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56262 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56262 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
! r Wi%:. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA .1 FRIDAY, THE FOURTEENTH DAY OF N0VEMBER|^ TWO THOUSAND AND TWENTY FIVE .PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO 1 CRIMINAL PETITION NO: 11322 OF 2025 i -j.^v ^4- V Vi •••V -■-JiV; \ Between: Dileep Dusarabarika, S/o.Gahudua Dusarabarika, aged 32 years,R/o. Pondal Village, Pottangi Block, Koraput Dist, Odisha. ...Petitioner/A6 AND The State of Andhra Pradesh, SHO, Ramabhadrapuram P.S., VZNM District, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. ...Respondent Petition under Sections 480 & 483 of BNSS, 2023 (under sections 437 and 439 of Cr.P.C., 1973), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/A6 on Regular Bail in respect to the Crime No.202/2024 on the file of Ramabadrapuram P.S, VZM District. Counsel for the Petitioner : Sri Anand Kumar Kochiri Counsel for the Respondent : Assistant Public Prosecutor The Court made the following
10584122025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11322 OF 2025 Between:
DILEEP DUSARABARIKA, S/O.GAHUDUA DUSARABARIKA, AGED 32 YEARS, R/0. PONDAL VILLAGE, POTTANGI BLOCK, KORAPUT DIST, ODISHA. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, SHO, Ramabhadrapuram P.S., VZNM District, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
ANAND KUMAR KOCHIRI 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 Petitioner/Accused No.6 on bail in Crime No.202 of 2024 of Ramabhadrapuram Police Station, Vizianagaram District, registered against the Petitioner/Accused No.6 herein for the offences punishable under Sections
2 Dr.YLR,j Crl.PNo.11322 of 2025 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 2. 3. As seen from the record, the allegation against the Petitioner/Accused No.6 is that he was arrested on 08.05.2025. He has been in the judicial custody for the past 190 days.
No petition was filed seeking extension of remand before the learned Trial Court. The allegation against the petitioner is that he acted as a pilot to a vehicle in which 810 Kgs of Ganja was transported by Accused Nos.1 to 9. Accused No.3 was enlarged on bail by this Court in Crl.P.No.6085 of 2025 vide order dated 21.07.2025, as his statutory period in judicial custody had been completed. Similarly, in Crl.P.No.7159 of 2025, Accused Nos.1 and 2 were also enlarged on bail. The charge sheet was not filed within the statutory period. The Petitioner/Accused No.6 is a permanent resident of Pondal Village, Pottangi Block, Koraput District, Odisha. He has got fixed abode. The learned Assistant Public Prosecutor submits that there are no adverse antecedents reported against the Petitioner/Accused No.6. Section 36A(4) of ‘the NDPS Act’ states that if the investigation is not completed within 180 days, the Petitioner/Accused has an indefeasible right to bail, unless the Special Court extends the period up to one year on the report of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period. 4. 3 Dr. YLR, J Crl..PNo.11322 of 2025
5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.6, this Court is inclined to enlarge the Petitioner/Accused No.6 on bail. 6. In the result, the Criminal Petition is allowed with the following stringent conditions: \ The Petitioner/Accused No.6 shall be enlarged on bail subject to him executing bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Salur. I. \ ii. The Petitioner/Accused No.6 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. 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.
The Petitioner/Accused No.6 shall not commit or indulge in commission of any offence in future. The Petitioner/Accused No.6 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. IV. V.
, 4 Dr.YLR.J Cn.PNo.11322 of 2025 The Petitioner/Accused No.6 shall not, directly or indirectly, VI. 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. SD/- G.HELANAIDU DEPUTYREOfSTRAR //TRUE COPY// SECTION OFFICER To,
1. The Judicial Magistrate of First Class, Salur. 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, Ramabhadrapuram Police Station Vizianagaram District. 4. One CC to Sri Anand Kumar Kochiri, Advocate [OPUC]
5. Two CCs Public Prosecutor, A.P. High Court, Amaravati [OUT]
6. One spare copy cvss
HIGH COURT Dr.YLR,J DATED:14/11/2025 BAIL ORDER CRLP.No.11322 of 2025 ALLOWED