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High Court of Andhra Pradesh · body

2025 DAILYLAW 7176 (AP)

Chenda Ananda Rao, v. The State of A.P.,

CRLP/1659/2025 · 2025-03-28

T Mallikarjuna Rao

body2025

Judgment text

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#.ys`--`. lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE i.i,.,.;--=:_r32.i I. PRESENT: fi THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 1659 OF 2025 / Between|. chenda Ananda Rao, S/o Gasi, 42 years, R/o Kumbiripada Village, Makavaram Panchayat, MunchingiPut Mandal, A.S.R. District petit-IOner/Accused-1 AND The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Amaravati, through Munchingiput P.S., A.S.R. District Respondent/Complainant petition under sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the Circumstances Stated -ln the affidaV'lt filed in support of the criminal petition, the H-lgh Court may be Pleased tO enlarge the petitioner on bail in connection w'lth cr. No. 36/2024, on the file Of Munchingiput P.S., A.S.R. District, couNSEL FORTHE PETITIONER : SRl. SAMANTHAKRISHNA = SRIRAMAKAVACHAM couNSEL FORTHE RESPONDENT : PUBLIC PROSECUTOR zzz THE COURT MADE THE FOLLOWING ORDER |1. .I APHCOI OO71102O25 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3369] FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO _C_RIMINAL PETITION NO: 1659/2025 Betwee n : 1.CHENDA ANANDA RAOH S/O GASI, 42 YEARS, R/O KUMBIRIPADA VILLAGE, MAKAVARAM PANCHAYAT, MUNCHINGIPUT MANDAL, A.S.R. DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF A P, Rep. by its Public Prosecutor, High Court of A.P., Amaravati, through Munchingiput P.S., A.S.R. District '<i ...RESPONDENT/COMPLAINANT Counsel for the petitioner/accused: 1. SAMANTHA KRISHNA SRIRAMAKAVACHAM Counsel for the Respondent/complainant: 1'. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A.1, seeking +i- t±- | =*-n +5.+a ++ f/ regular bail, |ln crime No.36 of 2024 MunchingiPut Pol-Ice Station, Allur'l sitharama Raju District. 2. A case has been registered against the Petitioner and Others for the offences punishable under sect'lon 111 (2)(b) BNS and Sections 20(b)(-Ill)(C) & 25 r/w 8(c) of NDPS Act. 3. Case of the Prosecution, in brief, iSthat, On 26.09.2024 at4.00 p.m., On receipt of credible information regard-lng illegal possession land transportation +_ of ganja, the s,I. of police, MunchingiPut Police Station directed ASl of Pot-lee and APSP party tO conduct Vehicle Checking. Immediately, they rushed tO Asarada junction Of Munching'lPut Mandal in a Private jeep and found One person on pulsar bike bearing Reg. No.AP31 EN 4395. On seeing the POl'lCe, he tried to escape but he was caught by the police. Later, One Bolero Van bearing Reg. No.OR10J 7996 which Was coming from Vanugumma Village side and on seeing the police, the van driver stopped the vehicle and the driver and other person escaped therefrom. on enquiry, A.1 who Was a P|IIOt to cr®Ime Vehicle confessed that the absconding Persons are A.2 and A.3 and A.4 is the buyer Of ganja. Police arrested A.1 and found 860 Kgs. of ganja in the crime veh-lcle. 4. Heard learned COunSel for the Petitioner/A.1 and the learned Assistant pubI'[c Prosecutor representing the respondent/State. Perused the record. \..+so-. -_ ` 5. Learned COunSel for the PetitlOner/A.1 contends that the PetltiOner has been in Judicial Custody from 26.09.2024, but investigation ,S not completed till date. He further Submits that nO COntraband has been SelZed from the possession of petitioner/A.1 or he Was not apprehended along With the Crime veh'ICle and Prays tO enlarge the Petitioner On bail. 6. Learned Assistant Publ'IC Prosecutor opposed tO grant ba" tO the petit'loner. 7. After Careful Observation Of the material On record and SubmiSSiOnS made on behalf 6f both Sides, lt Shows that nO contraband has been Seized from the possess|lon of the petit'loner since the petitioner/A.1 has been in remand from 26.09.2024, this Court finds that most Of the investigation pertaining to the role played by the petitioner in the comm'lssion of the offence might have been |completed. As the Pet'ltiOner/A.1 is Shown tO be the permanent res-ldent of KumbiriPada Village Of ASR District, there iS nO possibility of fleeing away from justice. when ascertained, learned Ass'lStant public prosecutor submitted that no antecedents are reported aga'lnst the official witnesses, the release of the petit-loner would not cause tampering with ev|ldence and hamper the I_-.-._ _ 'lnvest'lgation. cons'ldering the ent'Ire material On record, th'lS Court iS inCI'lned to grant ban to the petitioner w'lth some conditions. 8. ln the result, the Crim'lnal Pet-ltiOn -lS allowed W-lth the following conditions'. petitioner. since most of the witnesses are €=J-,--_-- (i) The petitioner/A.1 shall be released on bail on his executing a personal bond for Rs.1,00,000/-(Rupees One Lakh only) with two sureties for a like sum each to the satisfaction of the learned I Additional District & Sessions Judge-Gum-Special Judge for trial of offences under NDPS Act, Visakhapatnam; (ii) On release, the petitioner shall appear before the Station House Officer concerned once in a week i.-e., On every Wednesday between 10.00 a.m. and 12.00 noon, for a period of four (4) months; and (iii) the petitioner is directed not to hamper the invest'IgatiOn and tamper with the prosecution witnesses and he shall cooperate with the investigation. SD/-K.J.RAJA BABU ASSISTANT R E&RAR SECTION OFFICER /rTRUE COPY// For ASSISTANT REGISTRAR Toll. The I Additional District & Sessions Judge-Special Judge for Trial Of OffenCeS under NDPS Act, VisakhaPatnam Z 2. The Superintendent, Central Pr'lson, VisakhaPatnam , 3Jhe Station House Officer, MunCh|lngiPut P.S., A.S.R. District , 4 :::iCMtAO;:LcsHAAYMANATd:oAcart:l[SoHpNuAc] 4 ¢ 5. Two CCs to PUBLIC PROSECUTOR, High Court Of A.P[OUT] 6. One spare COPY <`-- `ts .,, HIGH COURT TMR,J DATED.-28/03/2O25 BAIL ORDER CRLP.No.1659 of 2O25 ALLOWED . Su.n+ `.oS-ftG+Nk` a €-£:i a I APR \us\l _ \ `--,.€`/ 'f •iiS