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High Court of Andhra Pradesh · body

2025 DAILYLAW 57404 (AP)

Kalapadi John Blason v. The State of Andhra Pradesh

CRLP/10119/2025 · 2025-10-08

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY, THE NINTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10119 OF 2025 Betwee n : 1. Kalapadi John Blason, S/o. Vijay Kumar, Aged about 25 years, R/o. BerI-Pet, Naidupeta Town, Tirupathi District, Andhra Pradesh. 2. Reddy Harshavardhan, S/o.: Sreenivasulu, Aged about 24 years, R/o. Siri Furniture Street, Naidupeta Town, Tirupathi District, Andhra Pradesh. 3. Arava Selvam @ Guru, S/o. Munuswamy, Aged about 62 years, R/o. Siri Furniture Street, Naidupeta Town Tirupathi District, Andhra Pradesh. ...Petitioners/Accused Mos.1, 3 & 5 AND The State of Andhra Pradesh, -SHO, Naidupeta Urban Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent Petition under section 480 l& 483 of BNSS, is filed praying that in the circumstances stated I'n the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant them bail on such terms and conditions as deemed fit directing their enlargement in crime No. 274 of 2025 of Naidupeta Urban Police Station`, SPSR Nellore District. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri Bhooma Maharshi Reddy, Advocate for the petitioner and of public Prosecutor for Respondent, the court made the following Dr. YLR, I CrI.P.No.10119 of 2025 Dated O9.1O. 2O25 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 tthe BNSSJ), seeking to enlarge the Petitioners/Accused Nos.1, 3 & 5 on bail in Crime No.274 of 2025 of Naidupeta Urban Police Station, Tirupati D'istrict, was registered against the Petitioners/Accused Nos.1, 3 & 5 herein for the offences punishable under Section 8 (c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for brevity '{he NDPS Act'). CASE OF THE PROSECUTION: 2. The case of the prosecution isthat on 26.08.2025 at about 16:00 hours, in the forest area of Sreenivasapuram, Naidupet Mandal, Accused Nos.1 to 6 were found in possession of cannabis leaves intended for clandestine sale. On receipt of credible information and upon the request- of the police, the complainant, accompanied by mediators and the Woman Sub-Inspector of Police, conducted a raid, apprehended Accused Nos.1 to 6, and seized six packets containing a total of ll.5 kgs of cannabis (ganja), worth Rs.2,30,000/- from their Possession under the cover of a mahazarnama duly attested by the mediators. Accused No.7, Thanoj of Rajahmundry, ancl AccusecI No.8, Narasimha of Rajahmundry, who are alleged to be suppliers of ganja, are absconding. i CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: Dr. YLR, I CrI.P.No.10119 of 2025 Dated 09.10.2025 3. Sri Bhooma Maharshi Reddy, learned Counsel for the Petitioners submit that the Petitioners are innocents of the alleged offence and they have been falsely implicated in the alleged offence, without any cogent evidence -linking them to the commission of the crime. lt is contended that the Petitioners are the sole breadwinners of the family and their arrest would cause undue hardship and prejudice to their depende'nts. The Petitioners undertake to abide by any condition that this Court may impose while granting bail to the Petitioners. 4. lt is further submitted that the petitioners have a permanent place of residences and there is no likelihood of their absconding or evading the process of law. The Petitioners have cooperated with the investigation thus far and assures continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant further custodial detention, and if any condition is imposed while granting the bail, Petitioners would not violate it; and it is urged to a]]ow the Petition. ARGUMENTS OF THE STATE: 5. Per confra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor strenuously opposed to grant of bail and prosecution further apprehend that the Petitioners, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and /I/ dr 'i,z Dr_ YLR, J CrI.P.No.1O119 of 2025 Dated 09.1O.2025 imminent risk of the Petitioners absconding and evading the due process of law. Given the gravity Of the allegations and the POtential threat tO the progress of the investigation, it is submitted that the Petitioners do not deserve the discretionary relief of bail and it is urged {o dismiss the bail petition. 6. Thoughtful consideration iS bestowed On the arguments advanced by the learned counsel for both sides. I have perused the entire record. POINT FOR CONSl DERATION 7. In the light of the Case Of the P:'OSeCutiOn and the contentions Of the learned counsel for both the sidesJ now the POint for consideration iS: ['whether the Petitioners are entitled for grant of bail?" ANALYSIS: 8. As seen from the record, the allegat'lOn against the Petitioners/Accused Nos.1, 3 & 5 are that they had allegedly indulged in dealing With ll.5 kgs of ganja, which is not a commercial quantity. The petitioners were arrested on 26.08.2025. They have been in the judicial Custody for the Past 44 days. The petitioners are the permanent residents 'of Naidupeta Town, Tirupati District, and they have got fixed'abode. So far, four witnesses have been examined. The material portion of the investigation, insofar as the petitioners are COnCerned, iS completed. All the witnesses are official witnesses. The chances 6f the petitioners -threatening the witnesses, hampering the investigation, or :i:I ---- I o ` i< Dr. YLR, I CrI.P.No.1O119 of 2O25 Dated 09.10.2025 tampering with the evidence may not arise. The learned Assistant Public prosecutor submits that there are no simI-Iar adverse antecedents against the pe{itI-OnerS. 9. ConsI'derjng the period of detention undergone by the Petitioners/Accused Nos.1, 3 & 5, the nature and gravity of allegations levelled against the petitioners/Accused Nos.1, 3 & 5, and theI-r alleged role played in the case, this court I-S inclined to enlarge the Pe{I'tiOnerS/Accused Nos.1, 3 & 5 on bail with the followI'ng Stringent conditions: i. The Petitioners/Accused Nos.1, 3 & 5 shall be enlarged on bail subJ'eCt tO they executing personal bond for a sum of Rs.20,000/-(Rupees Twenty Thousand only) each, with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First _LL C`lass, Naidupet, ii. The Petitioners/Accused Nos.1, 3 & 5 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and o5:00 pm, till cognizance I-S taken by the learned the Trial Court. iii. The Petitioners/Accused Nos.1, 3 & 5 shall not leave the limits of the State of Andhra Pradesh without prior Permission from the Station House Officer concerned. Dr. YLR, I CrI. P.No.10119 of 2O25 Dated 09.10.2025 iv. The Petitioners/Accused Nos.1, 3 & 5 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos.1, 3 & 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.1, 3 & 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. 10. Accordingly, the Criminal Petition is allowed. //TRUE COPY// SD/- M.SRINIVAS ASSISTANT GISTRAR SECTION OFFICEP` To, 1. The I Additional District & Sessions Judge, Nellore, SPSR Nellore. 2. The Judicial Magistrate of First Class`, Naidupet. 3. The Superintendent, NellorG.Central Jail, NeIIore. 4. The Station House Officer, Naidupeta Urban Police Station, SPSR Nellore District. 5. One CC to Sri Bhooma Maharshi Reddy, Advocate [OPUC] 6. Two CCs toPUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] 7. One spare copy. PSD }. HIGH COURT DR.YLR,J DATE:09/10/2025 BAIL ORDER CRLP.No.10119 of 2025 ALLOWED \ \ \tTlas,