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2025 DAILYLAW 9757 (AP)

Medisetty Ganesh @ Medisetty Govind v. The State of Andhra Pradesh

CRLP/2285/2025 · 2025-03-25

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Jy IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE .'PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2285 OF 2025 Between.I MedI'Setty Ganesh @ Medisetty Govjnd, s/o Medl'setty Apparao, aged 28 years, R/o D.No AnakapaIIi Distric AND 1-364 Yetl'gairampeta, Golugonda mandal, seethakandi Petitioner/Accused-1 The State of Andhra pradesh, Through station House Officer, krishnadevipeta police station, Rep. by its public prosecutor, High Court ofAndhra Pradesh, Amaravathi, Guntur District Respondent/complaI-nant petition under sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that I-n the circumstances stated I-n the affldavI|t filed in support of the criminal Petitl-on, the High Court may be pleased to release the petitioner/Al on Bail in connection with crime No. 77 of 2024 of Krishnadevipeta police station police station, u/s 20(b)(ii)(C) 8 (c) R/w section 25 of NDPS Act,1985, dated 16-04-2024 Vjsakhapatnam District couNSEL FOR THE PETITIONER .-SRI. K PRIDHVI RAJU couNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER AP H Cffii22025 I/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 2285/2025 Between : Medisetty Ganesh @ Medisetty Govind AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.K PRIDHVI RAJU [3369] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR The Court made the following: ORDER-. This Criminal Petition, u/Sec,480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A1, seeking bail, in Crime No.77/2024 of K.D.Peta Police Station, Anakapalle District. 2. A case has been registered against the petitioner and others for the offence punishable u/Sec.20(b)('li)(C), 25 r/w 8(c) of NDPS Act. 3. Heard learned counsel for the petitioner/Al and the learned Assistant Public Prosecutor representing the respondenVState. 4. Case of the prosecution, in brief, is that, on 16.4.2O24 at about 5.00 pm, on rece'lpt of credible information regarding illegal possession and transportation of ganja, the S.I of Police, K.D.Peta Police Station, along with staff rushed to Alluri Park, A.L.Puram village and conducted vehicle checking. They found three persons in suspicious circumstances. On \-` 2 I. seeing police, one person ran away and police caught two persons. On enquiry, they disclosed their identity particulars as that of A3 and A4 and police found 207.2OO kgs of ganja in their possession. Police seized the contraband and arrested the accused and got them remanded to judicial custody. They confessed that the name of Al in their confessional statement. During the course of investigation, Al was arrested on 07.ll.2024 on execution of PT warrant. 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 reg'lstered on 16.4.2024 and basing on the confession statement of co- accused, this petitioner was arrested on 07.ll.2024 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 07.ll.2024. Evidently no contraband has been seized from the possession of the petitioner. Since the accused has been in remand from 07.ll.2O24, this Court found that most of the 'lnvestigation pertaining to the role played by the petitioner in the commission of the offence would be completed. lt is submitted that the Q\=- t=`+ 3 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 wour'ld not cause tampering of evidence and hampering of investigation. when ascertained, learned Assistant Public prosecutor submitted that no antecedents are 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/Al herein shall be released On his executing a personal bond for Rs.25,00O/- (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 Cases under NDPS Act, Visakhapatnam; (ii) on release, the petitioner shall appear before the Station House OffiICer COnCerned Once in a fortnight i.e. On every 2nd and 4th Sunday between 10.00 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. ORDER Tol /ITRUE COPY// Sd/-I P.U.V. BHASKAR RAG ASSISTANT RE SEC"ON 1. The I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam 2. The superintendent, Central Prison, Visakhapatnam 3. The Station House Officer, krishnadevipeta Police Station 4. One CC to SRI. K PRIDHVI RAJU Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 6. One spare copy !STRA*R I, HIGH COURT TMR,J DATED :25/03/2025 BAIL ORDER CRLP.No.2285 of 2025 ALLOWED fffffi _i;;;i:'asur