Village, Munchingput v. The State of Andhra Pradesh

SHO, Pedabayalu PS, ASR District, High Court ofAndhra Pradesh at Amaravati. Respondent/Complainant petition under sections 437 and 439 of Cr.P.C(New Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita,2023), is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal Petition, the High Court may be pleased to release the petitioner/Accused No.4 on bail in FIR No.48/2024 of Pedabayalu Police stat'lon, AIIuri Sita Rama Raju District on 21-10-2024 on the terms and conditions as the court may deem fit and proper in the facts and circumstances of the case. 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 PANGI RAJU BABU, Advocate for the Petitioner and Of PUBLIC PROSECUTOR for Respondent, the Court made the following ORDER E= IN THE HIGH,COURT OF ANDHRA PRADESH AT AMARAVATl [3369] (Special Original Jurisdiction) FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL PETITION NO: 4896/2025 Between : Siragam Kiran Kumar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:

#1. PANGI RAJU BABU Counsel for the Respondent/complainant:

1.PUBLIC PROSECUTOR The Court made the following ORDER:

#1. This Criminal Petition, has been filed by the Petitioner/Accused No.4 under sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, lBNSSI) seeking regular bail in Cr.No.48 of 2024 of Pedabayalu Police station, visakhapatnam District, registered for the offences punishable under sections 20(b)(ii)(C), 25 r/w.8(c) of Narcotic Drugs and Psychotropic substances Act, 1985 (`for short {the NDPS Act').

#2. The Prosecution7s case, in brief, is that on 21.10.2024 the SI of Police, pedabayalu police along with his staff and mediators went to See{hagunta Junction on the private Jeep reaedend and arrested two Persons and Seized 150 Kgs of contraband ganja in Six Plastic bags, and also Seized Mahindra I green' colour jeep, two android mobI-leS and arrested the Petitioner/A.4 and ~/ A.3. ln this case, A.1 and A.2 were absconded. Consequently, a crime has been registered.

#3. Learned Counsel for the Petitioner / A.4 contends that this Court was pleased to enlarge Accused No.3 as per orders dated 29.04.2025 in Crl.P.No.4107 of 2O25. He further submits that the facts of the present petition are also on the same footing as that of the facts in crl.p.No.4107 of 2025 and requests to enlarge the petitioner/A.4 on bail.

#4. Learned Assistant Public Prosecutor, representing the Respondent, has not disputed the said submission made by learned counsel for the petitioner.

#5. I have heard both sides.

#6. Perused the orders passed in Crl.P.No.4107 of 2025. As per the case of the prosecution that A.3 and A.4 were said to be found in possession of 150 Kgs of GanJ-a. The PetitionerJs continued preventive custody cannot be based on an unsubstantiated suspicion that he might tamper with the evidence or influence witnesses. Most of the witnesses are shown to be official witnesses and the release of the accused would not cause hampering of investigation. lt is not in dispute that the Petitioner has got permanent abode, there is no possibility of fleeing from justice. 7,. Considering the fact that the Police have not filed the Charge Sheet despite completion of the statutory period, this Court is inclined to extend the same benefit to the petitioner/A.4 herein as that of the A.3 in Crl.P.No.4107 of 2025 with the same terms and conditions.

#8. Given the above facts and circumstances, this Couii is inclined to grant regular bail to the Petitioner/A.4 under the following conditions: I -> (a) petitioner/A.4 shall be enlarged on bail Subject tO execution Of a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two (o2) sureties for a like Sum each tO the Satisfaction Of the learned Judicial First CIass Magistrate, Paderu. (b) on release, the petit'loner/A.4 shall appear before the Station House Officer, Pedabayalu Police Station, on every Saturday in between 10.00 AM and 05.00 PM till the cognizance iS taken. (c) The petitioner shall not leave the limits of the District without prior permission from the learned Judicial First Class Magistrate, Paderu. (d) The petitioner shall not commit Or indulge in Similar kind Of offences.

#9. The petitioner shall cooperate with the investigating Officer in further investigation of the case and shall be available to the investigating officer as and when called by him.

#10. Accordingly, the Criminal Petit'lon is a//owed. Miscellaneous applications pending, if any, shall Stand Closed. sD/-U.SR[ PEV!- ASSISTANT lSTRAR //TRUE COPY// For+` _ __...I l`1_.lOIr`Ar{ ICER

#1. The I Additional District & Sessions Judge-Special Judge for trial of offences under NDPS Act, Visakhapatnam.

#2. The Superintendent, Central Jail, Visakhapatnam 3. The SHO, Pedabayalu PS, ASR District. 4. One CC to SRl. PANGI RAJU BABU Advocate [OPUC] 5. Two cos to the PUBLIC PROSECUTOR, High'Court ofA.P [OPUC]

#6. One spare copy To, HIGH COURT TMR,J DATED:09/05/2025 BAIL ORDER CRLP.No.4896 of 2025 ALLOWED