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Andhra Pradesh High Court - Amravati

Seshagiri Rao Juluru vs The State Of Andhra Pradesh on 29 June, 2021

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI : -

TUESDAY, THE TWENTY NINETH DAY OF JUNE
TWO THOUSAND AND TWENTY ONE
: PRESENT: a
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION NO: 3388 OF 2021

 

Between:
Seshagiri Rao Juluru, Sio Subbarao, Occ:Business, D.No.168-1-98/1, Thangalampudi
Nagar Tilak Nagar, Eluru, West Godavari District
Petitioner/Accused No.2
AND

The State of Andhra Pradesh, Through the S.H.O, of Hanuman Junction P.S., Krishna
District Rep., by its Public Prosecutor High Court at Amaravathi.

~ Respondent/(Complainant

Petition under Section 437 and 439 of Cr.P.C, praying that in the circumstances
Stated in the grounds filed in support of the Criminal Petition, the High Court may be
pleased to pass an Order to Enlarge the Petitioner /Accused No.2 in a Regular Bail in
connection with a Crime No.236/2021 dated 05-06-2021 on the file of Hanuman
Junction P.S., Krishna/District

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of SRI R SIVA SAI SWARUP
Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, the
Court made the following.

ORDER:

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.3388 of 2021 ORDER:-

This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.')) seeking regular bail to the petitioner/A-2 in connection with Crime No.236 of 2021 of Hanuman Junction Police Station, Krishna District for the offences punishable under Section 328, 270 and 273 r/w 34 of IPC, Section 5(1}, 22 of COTPA Act and Section Sic) r/w 20(b) of the NDPS Act.

2. The case of prosecution is that on 05.06.2021 Sub Inspector of police, on reliable information about the possession of Tobacco products, rushed to the scene of offence along with mediators and found unauthorized possession of prohibited noxious material at the shop of A-1 who purchased from the petitioner /A-2 and seized Vimal Pan Masala packets, Raja tobacco packets, Miraj Khaini packets, Swagath Gold tobacco products and 1 KG of dry ganja worth Rs.2,000/-. Police seized the same under the cover of mediators' report, registered the present crime, arrested the petitioner along with A-1 and sent them to judicial custody.

3. Heard Sri R.Siva Sai Swarup, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

4. Learned counsel for petitioner/A-2 submits that the Court below on 18.06.2021 has granted bail to A-1, as such, the petitioner's case may be considered. 3, Learned Assistant Public Prosecutor does not dispute the fact that A-1 was enlarged on bail before the Court below. bo

6. Taking into consideration the fact that A-1 was enlarged on bail, this Court deems it appropriate to grant bail to the petitioner, however, on certain conditions.

7, Accordingly, this Criminal Petition is allowed. The petitioner / A-2 shall be enlarged on bail in Crime No.236 of 2021 of Hanuman Junction Police Station, Krishna District on execution of self bonds for Rs.20,000 /- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Court of the Il Additional Judicial First Class Magistrate, Nuzividu, Krishna District. On such release, the petitioner shall appear before the Station House Officer, Hanuman Junction Police Station, Krishna District once in a week between 10.00 AM and 1.00 PM till filing of charge sheet. Consequently, miscellaneous applications pending, if any, shall stand closed.

Sd/-M. SRINIVAS ASSISATNT REGISTRAR HTRUE COPY! For SECTION BFFICER To, ividu, Krishna District 4 The tl Additional Judicial First Class Magistrate at Nuzividu,

-Jall, Nuzividu, Krishna District District

2. The Superintendent ie anuman stinetion Police Station, Krishna 3 The Station ro Advocate [OPUC] | R SIVA SAI SWARUP A' out) 4 one ee to PUBLIC PROSECUTOR, High Court of AP oe

6. One spare copy HIGH COURT LKJ DATED:29/06/2024 ORDER CRLP.No.3388 of 2024 ALLOWED