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2026 DAILYLAW 17465 (AP)

Polumuri Rahul Sundar v. The State of Andhra Pradesh

CRLP/1339/2026 · 2026-02-26

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010087322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1339/2026 Between: 1. POLUMURI RAHUL SUNDAR, S/O. VARAPRASAD,26 YRS., R/O. D.NO. 2-44, PONNAMANDA,RAZOLE, EAST GODAVARI DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the Petitioner/Accused No.5 on pre-arrest bail in the event of his arrest in connection with Cr.No.317/2025 on the file of Razole P.S., East Godavari District and pass Counsel for the Petitioner/accused: 1. G KUMAR YADDLAPALLI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: The instant Criminal Petition is filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner/A.5, to release him on bail in connection with the Crime No.317 of 2025 of Razole Police Station, Dr. B.R.Ambedkar Konaseema District. The brief facts of the case, as per the contents of First Information Report are that on 07.11.2025 at about 4.00 p.m. on receipt of credible information, the Sub Inspector of Police, Razole Police Station along with the two mediators and other police staff conducted raid and found that A.1 to A.6 were in possession of 2 kgs. of Ganja in a plastic cover. Immediately, the Police arrested them under the cover of mediator’s report and seized six mobile phones, 2 kgs ganja and a case is registered against A.1 to A.10 for the offence punishable under Sections 20(b)(ii)(B) read with 8(c) of NDPS Act. Heard Sri G. Kumar Y., learned counsel for the Petitioner and Sri K.Sandeep, learned Assistant Public Prosecutor for respondent State. Perused the material on record. Learned counsel for the Petitioner would submit that basing on the confession of the other accused, the petitioner is arrayed as A.5 and that no criminal antecedents are there against the Petitioner. Further, Petitioner is nothing to do with the offence. Learned counsel would submit that 2 kgs of contraband was seized from the possession of A.2, A.6 to A.10. Learned counsel would further submit that the 3 Petitioner is ready to furnish sureties to the satisfaction of this Court and prays to release him on bail in the event of his arrest. On the other hand, learned Assistant Public Prosecutor on instructions vehemently opposed the petition and would submit that the confession statement of the co-accused would show that the Petitioner/A.5 used to purchase ganja and used to sell the same to others. Further, investigation is not yet completed and prays to dismiss the petition. Considering the submissions made and as rightly put by learned Assistant Public Prosecutor, and a perusal of the material on record would reveal that no doubt, basing on the confession statement of the other accused, the case is lodged against this Petitioner. The confession statement would show that the petitioner used to purchase ganja from A.1 and sell the same to others. Admittedly, investigation is not yet completed. Having regard to the facts of the case and as rightly put by learned Assistant Public Prosecutor there are no grounds to release the petitioner on bail. There are no merits in this Criminal Petition and the same is liable to be dismissed. Accordingly, this Criminal Petition is dismissed. Pending applications, if any, shall stands closed. Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 27.02.2026 Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 1339 of 2026 27.02.2026 Mjl/*