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2025 DAILYLAW 56743 (AP)

Setti Uma Maheswara Rao v. The State of Andhra Pradesh

CRLP/10876/2025 · 2025-11-06

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA FRIDAY, THE SEVENTH DAY OF NOVEMBER, TWO THOUSAND ANiD TWENTY FIVE f :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10876 OF 2025 Between: ^ti Uma Maheswara Rao, S/o. Late Appala Swamy, aged about 42 Years, Resident of Sectors, MVP Colony, Visakhapatnam City. Native of Sivalingapuram Village, Kotturu Panchayat, Anantagiri Mandal, Alluri Settha Rama Raju District ...Petitioner/Accused -A1 AND Th^/Sfate of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to release the petitioner/Accused- 1 on bail in NDPS S.C. No.54 of 2024 on the file of Special Judge for Trial of Cases under NDPS Act-cum-1 Additional Sessions Judge- Vizianagaram; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Kakumanu Joji Amrutha Raju, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following: 1 APHC010560972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10876/2025 Between: ...PETITIONER/ACCUSED Setti Uma Maheswara Rao AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh 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.1 on bail in Crime No.295 of 2022 of S.Kota Police Station, Vizianagaram District registered against the Petitioner/Accused No.1 herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). , 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. Mr. Kakumanu Joji Amrutha Raju, learned counsel for the petitioner, submits that as on the date of issuance of the NBW against the petitioner, he was already in judicial custody. The NBW was issued on 09.05.2025, and the petitioner was produced before the learned trial Court on execution of a P.T. warrant on 19.05.2025. He has been in judicial custody for 198 days. Since the petitioner was in judicial custody in another crime, he could not appear before the learned trial Court. The Jail Authorities ought to have taken steps to produce the petitioner before the learned trial Court. 3. 4. Considering the above fact, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: The Petitioner/ Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the learned I Additional Sessions Judge-cum-Special Sessions Judge for trial of the case under the NDPS Act, 1985, Vizianagaram. I. ii. The petitioner/Accused No.1 shall appear before the learned trial Court on every adjournment without fail. If the 3 petitioner commits any similar offence in future, the learned trial Court is at liberty to proceed in accordance with law by cancelling the bail. iii. The Petitioner/ Accused No.1 shall not commit or indulge in commission of any offence in future. SD/-A.VIJAYA BABU deputy registrar //TRUE COPY// CTION OFFICER Fo To, - . The Special Judge for Trial of Cases under NDPS Act-cum-1 Additional Sessions Judge- Vizianagaram '2. The Superintendent, Central Prison, Visakhapatnam. The Station House Officer, S.Kota Police Station. A. One CC to Sri. Kakumanu Joji Amrutha Raju, Advocate [OPUC] 5^^wo CCs to Public Prosecutor, High Court of AP [OUT] One spare copy t (• r HIGH COURT i i Dr.YLR,J DATED:07/11/2025 I i "1 ORDER CRLP.No.10876 of 2025 ?■ i i u ii i- i- f ALLOWED i