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2025 DAILYLAW 7631 (AP)

BONTHA PARAMESH v. THE STATE OF ANDHRA PRADESH

CRLP/1735/2025 · 2025-03-21

T Mallikarjuna Rao

body2025

Judgment text

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I / IN THE HIGH COURT OF ANDHRA PRADESH AT AMA FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 1735 OF 2025 Between : AND Bontha Paramesh, s/o. Rama Chandu, Aged 46 Years, R/o. MasanupaIIi, Gundala MandaI, Nalgonda DistrI'Ct, Telangana State Petitioner/Accused No.1 The State of Andhra Pradesh, Rep by its Public Prosecutor High Court of Andhra Pradesh at Amaravatl- Through the statI'On House Officer Peddaraveedu police station, prakasam District. Respondent/complainant Petition under section 480 and 483 of BNSS is filed prayI®ng that in the circumstances stated in the affidavit filed in support of the crl'minaI Petition, the High Court may be pleased to enlarge the Petitioner/Accused No. 1 on bail in crime No. 129 of 2024 on the file of the peddaraveedu poII'Ce Station, Prakasam District in the interest ofjustjce. The petition/Appeal coming on for hearing, upon perusing the petition and the grounds filed in support thereof and.upon hearing the arguments of Sri SHAIK JAHANGEER BASHA Advocate for the petitI'Oner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. APHCO10078502025 : : :i.I r/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3369] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 1735/2025 Between : Bontha Paramesh .,.PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SHAIK JAHANGEER BASHA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition under Sections 480 and 483 of B.N.S.S., has been filed by the petitioner/A1, seeking regular bail in Cr.No.129/2024 of Peddaraveedu Police Station, Prakasam District. 2. The above said crime was registered against the petitioner/Al herein and others for the offence punishable u/Sec.8(c) I/w See.20(b)(ii)(C) of the NDPS Act. 3. The case of the prosecution in brief is as follows: on o2.9.2024 at about 1.30 pm, on receipt of credible information about illegal possession and transportation of ganja, the Sl of police, secured the presence of his staff and mediators and rushed to glory church, beside Guntur Kurnool highway, Hanuman Junction, Kunta village of peddaraveedu Mandal and found Al to A6 gathered with four bags. `-- I,-` on observing police, they tri-ted to escape. Then poI'lce apprehended them and on questioning, they disclosed their identity particulars and police found 39.515 kgs of ganja in their possession. Arrested the accused, seized the contraband. 4. Learned counsel forthe petitionerCOntended thatthe Petitioner iS in judicial custody from o2.9.2024 and most of the invest®lgatiOn iS completed and after expiry of statutory period, police have not filed charge sheet as such the petitioner is 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. 7. lt is evident that the petitioner has been in judicial custody since o2.9.2024 and most of the investigation might have been completed by this time. Given that the petitioner has been in remand Since 02.9.2024, this court views that most of the investigation concerning the petitioner's role in the commission of the alleged offence has likely been concluded. lt has been submitted that the petitioner has a permanent residence, and there is no credible apprehension of his fleeing away from justice. Additionally, since most of the witnesses are Official, the release Of the petitioner would not impede the investigation or tamper with the evidence and also after completion of statutory period, police have not filed charge iSE,7i ` sheet and also they havemot filed any petition for extension of time for investigation. 8. ln view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/Al with fo[[owing conditions. (i) The petitioner/Al herein shall be released on his executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned Additional Judicial First CIass Magistrate, Markapuram, Prakasam District; (ii) On release, the petitioner shall appear before the Station House Officer concerned once in a week i.e. on every Sunday between lO.00 a.m. and 05.00 p.m., for a period of three (03) months. (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. 9. Accordingly, the Criminal Petition is allowed. /ITRUE COPY// Fc i\t \\ I. I •SDl-G.I ASSISTAri-+ To, 1. The Additional Judicial First class Magistrate Markapuram, Prakasam District. 2. The Superintendent, District Jail, Ongole, Prakasam District. 3. The Station House Officer, Peddaraveedu Police Station, Prakasam District. 4. One CC to SRl. SHAIK JAHANGEER BASHA Advocate [OPUC] 5. Two cos to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 6. One spare copy f/ I HIGH COURT TMR,J DATED..21 /03/2025 BAIL ORDER CRLP.No.1735 of 2025 ALLOWED 25 MAR l"35