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2026 DAILYLAW 27828 (AP)

Killo Matyharaju v. The State of Andhra Pradesh

CRLP/13540/2025 · 2026-01-06

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA]%,:^, WEDNESDAY, THE SEVENTH DAY OF JANUARY, /f' TWO THOUSAND AND TWENTY SIX :PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13540 OF 2025 & ^ fi, •' 'ft ^ V .-v*: "•‘■i Between: Killo Matyharaju, S/o Seetaram, age 23 yrs, Bourthy Village, Bayalu Kinchangi Post, Chintapalli Mandal, ASR District. ...Petitioner/Accused -4 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, the High Court of Andhra Pradesh, Amaravati. ...Respondent/Complainant Petition under Sections 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge him on bail in Crime No.43/2025 for punishable under sections 20 (B) (ii) (C), 25 r/w 8 (C) of NDPS Act, 1985 of Rolugunta Police Station, Anakapalli District; The petition, coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Simhachalam Karukola, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following; 2 .5' Dr.YLRJ ‘ CrI. R No. 13540 of 2025 . Dated 07.01.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.4 on bail in Crime No.43 of 2025 of Rolugunta Police Station, Anakapalli District, registered against the Petitioner/Accused No.4 herein for the offences punishable under Sections 20(b)(ii)(c), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Heard the learned counsel for the Petitioner and the learned Assistant 2. Public Prosecutor. Perused the record. As seen from the record, the allegation against the petitioner/Accused 3. No.4 is that he was allegedly found in possession and transportation of 20.00 kgs of ganja, which is not a commercial quantity. The role of the petitioner came into light based on the confession of Accused Nos.1 to 3. Accused Nos.1 to 3 were already enlarged on bail by this Court in CrI.P.No.6657 of 2025, vide order dated 14.08.2025. The petitioner was arrested on 13.08.2025. He has been in judicial custody for the past 147 days. So far. seven witnesses have been examined. They are all material and official witnesses. The chance of the petitioner threatening the witnesses and tampering with the evidence or hampering the investigation may not arise. There are no similar criminal adverse antecedents reported against the 3 Dr. YLR,J CrI.R No. 13540 of 2025 Dated 07.01.2026 petitioner. The petitioner is a permanent resident Bourthy Village, Chintapalli Mandal, ASR District. He has got fixed abode. If he is enlarged on bail with some stringent conditions, he may not evade the process of law. No application seeking custodial interrogation has been filed. The period for custodial interrogation is also completed. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioner/Accused No.4, this Court is inclined to enlarge the Petitioner/Accused No.4 on bail with some stringent conditions. 4. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i.The Petitioner/Accused No.4 shall be enlarged on bail subject to his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam. ii. The Petitioner/Accused No.4 shall appear before the Station House Officer concerned, on every Saturday in between 10.00 am and 05:00 pm, till filing of the charge sheet. 4 Dr.YLR.J CrI.R No. 13540 of 2025 Dated 07.01.2026 iii. The Petitioner/Accused No.4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.4 shall not commit or indulge in commission of any offence in future. V. The Petitioner/Accused No.4 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The Petitioner/Accused No.4 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the / Court. SD/-B.CHITT! JOSEPH DEPUTY REGISTRAR SECTION O^ICER //TRUE COPY// For To, 1) The Additional Judicial First Class Magistrate, Narsipatnam. 2) The Superintendent, Visakhapatnam Central Prison, Visakhapatnam. 3) The Station House Officer, Rolugunta Police Station, Anakapalli District. 4) One CC to Sri. Simhachalam Karukola, Advocate [OPUC] 5) Two CCs to Public Prosecutor, High Court of AP [OUT] 6) One spare copy Ti V HIGH COURT DR.YLRJ DATED:07/01/2026 ORDER CRLP.No.13540 of 2025 1' N o 'er m I ) -i'-f ALLOWED 5>>' -k A