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2025 DAILYLAW 7434 (AP)

KOMMERA ANKUSHAM v. THE STATE OF ANDHRA PRADESH

CRLP/1594/2025 · 2025-03-21

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

?i •.,Ir`)` IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATIk FRIDAY, THE TWENTY FIRST DAY OF MARCH, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 1594 0F 2025 Between : 1. Kommera Ankusham, S/o.Kommera Venkataiah, Age 32 years, D.No.6-4 Rampur village, Thoguta MandaI, Siddipet District, Telangana State. 2. Seetha Raju, S/o.Seetha MaIIaiah, Age 22 years, C/BC-D, Thoguta Village and Mandal, Siddl'pet District, Telangana State ...Petitioners/Accused Mos.3 & 4 AND The State of Andhra Pradesh, Through Station House Officer, Mothugudem ps, ASR District, Represented by public prosecutor, High court ofA.P ...Respondent Petitl'on under section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of criminal Petition, the High Court may be pleased to enlarge them on bail in connection with the crime no. 65 /2024 of Mothugudem p.s; The petition coming on for hearing, upon perusing the petl-lion and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Duggirala Subash, Advocate for the petitioners and Public Prosecutor the Respondent; £E=_-I- ` ``x\ APHCOI OO74322025 ,, lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO _C_R[MINAL PETITION NO: 1594/202§_ Betwee n : Kommera Ankusham and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. DUGGIRALA SUBASH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following|| ORDER:- This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioners/A3 and A4, seeking regular bail, in Crime No.65 of 2024 of Mothugudem Police Station, AIluri Seetha Ramaraju District. 2. A case has been registered against the petitioners herein and others for the offences punishable under Sections 111 (2)(b) i= `,-, ``=- r` |se_' LE_ 2 BNS and Section 8(c)i/W 20(b)(I'i)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short tthe NDPS Act'). 3. The brief facts of the case are that on o8.09.2024, upon receiving credible information about the illegal possession and transportation of ganja, the Sub-Inspector of Police, along with his staff and mediators, rushed to opposite of Mothugudem Police Station, Chinturu Mandal, and conducted vehicle checking. They found one Maruthi Ciaz car bearing No.AP-39- AM-4059 and seized 120 kgs of ganja from accused. The contraband, along with other materials, was seized under the cover of mediator's report. 4. Learned counsel for the petitioners contended that the- petitioners have been in judicial custody from 08.09.2024 and most of the investigation is completed and after expiry of statutory period, police have not filed any petition for extension of time for investigation as such the petitioners are entitled for statutory bail. 5. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after Statutory Period iS completed, but opposed to grant bail. 6. Heard both sides. +-.t . _;.--. 3 I. 7. lt is evident that the petitioners have been in judicial custody since 08.09.2024 and most of the investigation might have been completed by this time. Given that the petitioners have been in remand since 08.09.2024, this Court views that most of the 'lnvestigation concerning the petitioners role in the commission of the alleged offence has likely been concluded. lt has been submitted that the petitioners have permanent residence at Rampur Village, Thoguta Mandal, Siddipet District, and there is no credible apprehension of their fleeing away from justice. Add'ltionally, since most of the witnesses are Official, the release of the petitioners would not impede the investigation or tamper with the evidence and also after completion of statutory period, police have not filed charge sheet and also they have not filed any petition for extension of time for investigation. As huge quantity of contraband i.e.120 kgs of ganja was involved in this crime, this court views that imposition of str-Ingent conditions would meet the ends of justice. 8. ln view of the aforesaid facts and Circumstances Of the case, this court is inclined to grant bail to the petitioners/A3 and 4 with following conditions. (i) The petitioners/A3 and A4 herein shall be released on their executing a personal bond for .- •, 4 Rs,1,00,000/-(Rupees one lakh only) each with two sureties for a like sum each to the satisfaction of the learned Judicial 'First Class Magistrate, Rampachodavaram ; (ii) On release, the petitioners shall appear before the Station House officer concerned once in a week i.e. on every sunday between 10.00 a.m. and 05,00 p,m., for a period of three (o3) months. (iii) the petitioners shall not tamper With the evidence and hamper the investigation and shall cooperate for investigation. 9. Accordingly, the criminal petition is allowed. sft-J~_I-- ------rip-_-_ _ sd/-p.u.v. BHASKAR RAG _ _-,_,-I+ A Et± STRAR //TRUE COPY// F _+urrfuJutfroderfflttrmatREaeHffiO- ASSISTAN To] 1. The let Additional Sessions Judge at RajamahendraVaram. 2, The Superintendent, Central Prison at RajamahendraVaram 3- The Station House Officer, Mothugudem PS, ASR District. 4. One CC to Sri. Duggirala Subash, Advocate [OPUC] 5, Two cos to Public Prosecutor, High Court of AP [OUT] 6. One spare copy MM +-. - FFICER HIGH COURT TMR,J DATED:21/03/2025 ORDER CRLP.No.1594 of 2025 ALLOWED \`. _ .,,,a -.,. -.. C