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Andhra Pradesh High Court - Amravati

Katta Anjaneya Kalidasu Kittu, vs The State Of Andhra Pradesh on 14 February, 2023

       THE HON'BLE MS JUSTICE B.S.BHANUMATHI


             Criminal Petition No.569 of 2023
ORDER:

This Criminal Petition is filed under Section 437 and 439 of the Code of Criminal Procedure, 1973 ('CrPC'), to grant bail to the petitioner/A3 for the offences under Sections 22(b), 25 and 8(c) R/w 20(b)(ii)(c) of NDPS Act read with 34 of IPC in Crime No.542 of 2022 on 1-Town Police Station, Vizianagaram.

2. Heard Mr. P. Nagendra Reddy, learned counsel for the petitioner/A3 and the learned Assistant Public Prosecutor representing the respondent/State.

3. The allegation against the petitioner/A3 is that on 23.09.2022, the petitioner/A3 was arrested in Bangalore by the police sleuths and found in possession of 2 Kg of Ganja and LSD Drug of 0.075 gms which is below the commercial quantity. The petitioner/A3 claims that he is innocent and requested to grant bail.

4. Learned Assistant Public Prosecutor, representing the respondent/State, submitted that the petitioner/A3 is earlier involved in offense punishable under Section 392 of IPC and appears to be a habitual offender.

contd.

BSB, J Crl.P.No.569 of 2023

5. Learned counsel for the petitioner/A3 submitted that the petitioner/A3 is acquitted by the earlier offense which allegedly took place 10 years ago and requested to enlarge the petitioner/A3 on bail with certain conditions.

6. Since after the apprehension of the petitioner/A3, except receiving the analyst report, no other investigation is conducted, the petitioner/A3 can be enlarged with necessary conditions

7. Accordingly, the Criminal Petition is allowed. The petitioner/A3, Katta Anjaneya Kalidasu @ Kittu, shall be released on bail on his furnishing personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum, to the satisfaction of the learned Ist Additional District & Sessions Judge-cum-Special Court for Trail offences under NDPS Act at Vizianagaram, and subject to complying the following conditions:

(i) The petitioner shall be available for investigation as and when required by the Investigating Officer;

(ii) The petitioner 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 from disclosing such facts to the Court or to any Investigating or Police Officer;

Contd.

BSB, J Crl.P.No.569 of 2023

(iii) The petitioner shall not leave the jurisdiction of the Court without the previous permission of the S.H.O. concerned;

(iv) The petitioner/A-3 is directed to appear before the Station House Officer, I Town Police Station, Vizianagaram, on every alternate day between 10:00 AM and 5:00 PM until further orders or till charge sheet is filed whichever is earlier;

Pending miscellaneous applications, if any, shall stand closed.

___________________ B.S.BHANUMATHI, J 14-02-2023 GSP/SSN Contd.

BSB, J Crl.P.No.569 of 2023 THE HON'BLE Ms. JUSTICE B S BHANUMATHI CRLP.No. 569 of 2023 14.02.2023 GSP/SSN Contd.