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2025 DAILYLAW 8958 (AP)

SURAPATHI CHINNA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/2073/2025 · 2025-03-21

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

` \ `\\ E1 lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR fr FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE .-PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2073 OF 2025 Betwee n : Surapathi chinna Rao, S/o Muswalayya, Age 50 years, R/o.I Town police Quartes, ln Town Area, Visakhapatnam city, visakhapatnam District. ...Petitioner/A.4 AND The State Of A.P., Rep. By I-ts Public Prosecutor, High Court of A.P., Amaravati, Through station House Officer, I Town Police Station. ...Respondent Petition under section 480&483 of Cr.P.C./437 & 439 of BNSS., is filed praying that in the circumstances stated in the memorandum of grounds filed in suppoit of the criminaIPetition, the High Court may be pleased to enlarge the petitioner/ A.4 on Regular Bail in connection wl'th crime No.59/2024 on the file of I Town Police Station, Visakhapatnam District datedll.03.2024. The petI'tiOn coming on for hearing, upon perusing the petl-lion and the memorandum of grounds filed in support thereof and upon hearing the arguments of KOTTI SIVA Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent,I The Court made the following: APHCO10097462025 I, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO cR[M]NAL PETITION NO: 2073/2025 Between : Surapathi Chinna Rao AND The State Of Andhra Pradesh counsel for the Petitioner/accused: [3369] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT 1. KOTTI SIVA counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR The Court made the fo[lowing|. ORDER: This Crim'lnal Pet®ltion, u/Sec.480 & 483 of the Bharat'lya Nagarik suraksha sanhita, 2023, has been filed by the Petitioner/A4, seeking bail, in crime No.59/2024 of I Town Police Station, Visakhapatnam Commissionerate. 2. A case has been registered against the Petitioner and Others for the offence punishable u/See.20(b)(ii)(C) of NDPS Act. 3. Heard learned counsel for the Petitioner/A4 and the learned Assistant public prosecutor representing the respondent/State. 4. Case of the prosecution, in brief, iSthat, On ll.3.2024 at about 08.00 am, on receipt of credible information regard'lng illegal possession and transportation of ganja, the s.I of Police, I Town Police Station, along with staff rushed to Town Kotha Road, I Town area, Visakhapatnam city and \ c-r-i, 2 // conducted vehicle checking. Two persons on one Bajaj Pulsar motorcycle bearing registration no.AP 31 CE 551O are coming towards police and on seeing police the pillion rider of the motorcycle escaped while the rider of the motorcycle was caught by police. on enquiry the rider of the motorcycle disclosed his identity particulars as that of Al and on search, police found 30 kgs of ganja in his possession. He confessed that he collected the ganja from A2 to A4 and hence the name of the A4 was included in the F.I.R. Police arrested Al and remanded him to judicial custody. police arrested the petitioner on 01.02.2205 and since then he is in judicial custody. 5. Heard. Perused the record. 6. Learned Assistant Public Prosecutor submits that major part of the investigation is completed except filing of charge sheet for want of RFSL report and prays to dismiss the petition. 7. Learned counsel for the petitioner submits that a crime came to be registered on ll.3.2024 and basing on the confession statement of co- acoused, this petitioner was arrested on o1.O2.2025 and since then he has been in judicial custody and the same was not disputed by the learned Assistant Public Prosecutor. 8. After careful observation of the material on record and submissions made on behalf of both sides, it shows that the petitioner was arrested and remanded to judicial custody on 01.02.2025. Evidently no contraband has been seized from the possession of the petitioner. since the accused has been in remand from 01.02.2O25, this Court found that most of the ` GZy2 3 investigation pertaining ,,to the role played by the petitioner in the commission of the offence _would be completed. It is submitted that the petitioner has permanent abode and there is no possibility of his fleeing away from justice and most of the witnesses are official witnesses and the release of the petitioner would not cause tamPering Of evidence and hampering of investigation. when ascertained, learned Assistant Public prosecutor submitted that no antecedents reported against the petitioner. considering the entire material on record, this Court is inclined to grant bail to the petitioner with some conditions. 7. ln the result, the Criminal Petition is allowed with the following conditions-. (i) The petitioner/A4 herein shall be released On his executing a personal bond for Rs.25,000/-(Rupees twenty five thousand only) with two sureties for a like Sum each tO the satisfaction of the learned I Additional District and 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 fortnight i.e. On every 2nd and 4th 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. ANAIDU ¢ISTRAR I //TRUE COPY// A%j SECTION OFFICER ''1 The \ Add\\\Onal D\s\r\C_\_a.=Le==.\_Ol=SnaJnuadrgae=Cum-SpeC\al Judge for Trlal Tot of offences under NDPS Act, Vizianagaram. 2. The Superintendent, C-entral Prison, Visakhapatnam. Jr 3. The Station House Officer, I Town Police Station, V'lsakhapatnam. 4. One CC to Sri. KOTTI SIVA, Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy JSS 1:Ss+\<\--I -'I`\ • `_i..==:=i...:i-,: 1 4 NIhR \ife\\ HIGH COURT TMR, J DATED :21 /03/2025 BAIL ORDER CRLP.No.2073 of 2025 ALLOWED.