Gemmela Chittibabu, v. The State of Andhra Pradesh,
CRLP/2284/2025 · 2025-03-25
T Mallikarjuna Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9783 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9783 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
_d-¢,44fj4 \ lN THE HIGH COURT OF ANDHRA PRADESH AT AM I, TUESDAY, THE TWENTY FIFTH DAY OF MAR TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 2284 OF 2025 Betwee n : Gemmela Chittibabu, S/o Chinnabbai, Age 43 years R/o Korukonda village, Balapam Panchayat, Chintapalli Mandal, ASR District Petitioner/Accused No 4 AND The State of Andhra Pradesh, Through Station House Officer, A Annavaram Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. Respondent/Complainant Petition under Section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the CriminaIPetjtion, the High Court may be pleased to release the petitioner/A4 on Bail in connection with Crime No.32 of 2024, U/s 20(b)(i)(C) r/w 8 (c) of NDPS Act,1985 of A Annavaram Police Station, Visakhapatnam District. The petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of Sri. K PRIDHVI RAJU, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent; The Court made the following:
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 T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2284/2025 Between : Gemmela Chittibabu, The State Of Andhra Pradesh AND [3369] ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. K PRIDHVI RAJU Counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR The Court made the following:
ORDER: This Criminal Petition, u/See,480 & 483 of the Bharatiya Nagarik suraksha sanhita, 2O23, has been filed by the pet'ltioner/A4, seeking bail, in crime No.32/2024 of Annavaram Police Station, AIIuri Sitharamaraju District. 2. A case has been registered against the Petit'lOner and Others for the offence punishable u/Sec.20(b)(ii)(C) r/w 8(c) of NDPS Act. 3. Heard learned counsel for the Petitioner/A4 and the learned Assistant public prosecutor representing the respondenVState. 4. Case of the prosecution, in brief, iS that, On 31.8.2024 at about 4.pp pm, on receipt of credible information regarding illegal possession and transportation of ganja, the S.I of Police, Annavaram Police Station, along with staff rushed to outskirts of ltukubeddalu village, Balapam Panchayat EE=lH iI-r9, c*],
2 Ji and conducted vehicle checking. They found two persons in suspicious circumstances, On enquiry, they disclosed their identity particulars as that of Al and A2 and police found 37O.7 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 names of A3 to A5 in their confessional statement. During the course of investigation, A4 was arrested on 25.10.2024 and remanded him to 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 petit'lon. 7. Learned counsel for the petitioner submits that a crime came to be registered on 31.8.2024 and basing on the confession statement of co- accused, this petitioner was arrested on 25.10.2024 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 25.10.2024. Evidently no contraband has been seized from the possession of the petitioner. Since the accused has been in remand from 25.10.2024, 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 / ¥6S253f3FfO
3 =f 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 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. In 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 cases 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 O5.00 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 i ation. TRAR h EREfo -------as.---ro-----.drum-atd- sd/-p.u.v. BHASKAR RAG //TRUE COPY// ASSISTANT RE To, sECT!ON OFFICER
1. The Metropolitan Sessions Judge-Gum-I Additional District & Sessions / Judge-Special Judge for Trial of Offences under NDPS Act at visakhapatnam, visakhapatnam D|lstrict. 2. The Superintendent, Central Prison, V'lsakhaPatnam, Visakhapatnam District. 3. The Station House- Officer, Annavaram Police Station, Alluri || Sitharamaraju District. 4. One CC to Sri. K PRIDHVI RAJU, Advocate [OPUC]
5. Two cos to the PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
6. One spare copy JSS
t':;i:n£% 1 5 NIhR \®\fa\ `!. HIGH COURT TMR, J DATED.. 25/03/2025 BAIL ORDER CRLP.No.2284 of 2025 ALLOWED HE5 ?:'\t