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2025 DAILYLAW 9516 (AP)

KILLO NARAYANA v. THE STATE OF ANDHRA PRADESH

CRLP/2217/2025 · 2025-03-25

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl TUESDAY, THE+TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND ll^/ENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA CRIMINAL PETITION NO: 2217 OF 2025 Between : Killo Narayana, S/o. Padhu, aged about 58 years, R/o. Kammarithota Village, Darakonda Panchayat, G.K. Veedhi Mandal, Alluri Sitharama Raju District, A.P. _\ ...Petitioner/Accused No.4 AND '- The State ofAndhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under sectI'On 480 & 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the criml'nal petition, the High Court may be pleased to enlarge the Petitioner/Accused No.4 on bail Pending disposal Of Crime No. 129/2021 of Narsipatnam Rural P.S., now AnakapaIIii District. The petition coming on for hearing, upon perusing the petI-lion and the affidavit filed in support thereof and upon hearing the arguments of GOLLAPALLI MAHESWARA RAO Advocate for the petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the court made the following ORDER: APHCO10105592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special OrI'ginaI Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO £LR_IM INAL PEI!I!QD!n!QJ: 2217J2025 AND Between : KiIIo Narayana The State Of Andhra Pradesh [3369] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complaI'nant 1.PUBLIC PROSECUTOR The Court made the following.I ORDER: Thl-s Criminal Petition, u/sec.480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2023, has been fI'Ied by the petitioner/A4, seeking bail, in crI'me No.129/2021 of NarsI'Patnam Rural Police statI|On, Vjsakhapatnam District. 2. A case has been registered against the petitioner and others for the offence punishable u/See.20(b)(ii)(C), 25 r/w 8(c) of NDPS Act. 3. Heard learned counsel for the petitioner/A4 and the learned Assistant Public Prosecutor representing the respondenvstate. ._- ±`T? `\i? CN fp. E=But ~/ 4. Case of the prosecution, in brief, iSthat, On 21.10.2021 atabout lO.00 am, on receipt of credible information regarding illegal possession and transportation of ganja, the s.I of Police, Narsipatnam Rural Police Station, visakhapatnam District along with staff rushed tO Gabbada bridge and conducted vehicle checking. police found one Eicher van bear-lng no.AP 15 TC 1124 coming towards Gabbada bridge. On seeing police, the inmates in the Eicher van stopped the van and tried tO escape. Then police apprehended three persons and on enquiry they disclosed their identity particulars as that of Al to A3 and police found 1720 kgs of ganja in their possession. They confessed that they purchased the Same from A4. Al to A3 were arrested and seized the Van and contraband and got them remanded to judicial custody. A4 was arrested on 03.12.2024 on execution of PT warrant. 5. Heard. Perused the record. 6. Learned Assistant Public Prosecutor submits that major Part Of the invest-IgatiOn 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 21.10.2021 and basing on the COnfeSS'lOn Statement Of CO- accused, this petitioner was arrested on o3.12.2024 and since then he has been in judicial custody and the same was not disputed by the learned Assistant Public Prosecutor. /, 3 +#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 o3|12,2024, Evidently no contraband has been seized from the possess'lon of the petitioner. Since the accused has been in remand from o3,12-2024, this Court found that most of the investigation pertaining to the role played by the petitioner in the commission of the offence would be completed. lt 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,OOO/- (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 cases, Visakhapatnam; (ii) on release, the petitioner sha" appear before the station House Officer concerned Once in a fortnight i.e. On t --` Sd/- u. sRf DEVI ASSl'S TANT Fo| //TRUE COPY// SECTION OFFICER r\:-----_ ----. ---,_--_,_` To'1. The Station House Officer, Narslpatnam Rural P S., now AnakaPallil District. 2. The I Add'ltional District & Sessions Judge-Gum-Special Judge for Tr'laI of offences under NDPS Act, VisakhaPatnam. 3. The Super'lntendent,I Central Jail, VisakhaPatnam, VisakhaPatnam District. 4. One CC to SRl. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court Of Andhra PradeSh| [ouT] 6. One spare COPY KN Qr, i-,? i5+Eenrtsg3gHalat HIGH COURT TMR,J DATED.I 25/03/2025 ORDER CRLPINo.2217 of 2025 ALLOWED =l=ir==.;=~J~ •=...-i..-..\* i I hi\EL& \tt%t: vi=S P A:ggr