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Andhra Pradesh High Court - Amravati

Killo Krishna vs The State Of Andhra Pradesh Through ... on 4 August, 2025

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      IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR                       /*



                 MONDAY, THE FOURTH DAY OF AUGUST
                                                                                     gm-' j
                   TWO THOUSAND AND TWENTY FIVE
                                 :PRESENT:

           THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
                  CRIMINAL PETITION NO: 7262 OF 2025
Between:

Killo Krishna, S/o Astharao, Age 32 years, R/o Neelimetta Village, Thajangi
Post, G.Madugula Mandal, Alluri Sitrama Raju District.
                                                  ...Petitioner/Accused No.3
                                    AND

The State of Andhra Pradesh through Station House officer Rolugunta Station,
Visakhapatnam, Rep. by Public Prosecutor, High Court at Amaravati.
                                                ...Respondent/Complainant
       Petition under Section 480 & 483 of BNSS 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.3 on bail in connection with Crime No. 377 of 2020 of
Rolugunta Police Station, Visakhapatnam.
      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 RAMINENI SUDHEER Advocate for the Petitioner, and of
PUBLIC PROSECUTOR for Respondent, and the Court made the following

ORDER:

APHC010350462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521] (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7262/2025 Between:

Killo Krishna ...PETITIONER/ACCUSED AND The State of Andhra Pradesh Through ...RESPONDENT/COMPLAINANT Station House officer Rolugunta Station Visakhapatnam Counsel for the Petitioner/accused:

Ramineni Sudheer Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: ORDER:

The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C.')/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSS'), seeking to enlarge the Petitioner/Accused No.3 on bail jn Crime No.377 of 2020 of Rolugunta Police Station, Visakhapatnam, registered against the Petitioner/Accused No.3 herein for the offence punishable under Sections 2 Dr.YLR, J Crl.P.IMo.7262 of 2025 Dated 04.08.2025 20(b)(ii)(C), read with 25, 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act').

2. The case of the prosecution is that on 19.10.2020 at 11:00 hours at Pedapeta Junction, an incident was reported on the same day at 14.00 hours.

were allegedly transporting contraband ganja from Neelumetta Village. The ASI of Rolugunta Police Station apprehended Accused No.1 and seized 30 kgs of ganja packed in two gunny bags worth, Rs.60,000/-, a Maruti Suzuki Swift car, and a Vivo smartphone from his possession under the cover of a mediators' report. Accused Nos.2 and 3 were absconding.

3. Heard learned counsel for the Petitioner and the learned Assistant Public Prosecutor.

4. Sri Ramineni Sudheer, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole bread winners of his family; he is ready to abide any. conditions to be imposed by this Court; and urged to enlarge the petitioner on bail.

5. Per contra, Ms. Akhila Naidu, the learned Assistant Public Prosecutor, submits that the petitioner was found in possession of 30 Kgs of Ganja, which is a commercial quantity. However, it is submitted that there are no adverse antecedents against the petitioner, and requested to pass appropriate orders.

Dr.YLR, J Crl.P.No.7262 of 2025 Dated 04.08.2025

6. Perused the record.

7. As seen from the record, the Petitioner/Accused No.3 was arrested on 10.05.2025 and has been in judicial custody for the past 85 days. The allegation against him is that he supplied ganja to Accused Nos.1 and 2. The crime pertains to the year 2020. Accused No.1 was already enlarged on bail in the year 2020 itself. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the Petitioner/Accused No.3. The charge sheet against the rest of the accused was filed and numbered as NSC No. 129 of 2021. The Petitioner/Accused No.3 was shown as absconding at the time of filing of that charge sheet. A separate (split) charge sheet is now required to be filed against him. Since all the witnesses are official witnesses, and the charge sheet in the main case has already been filed, the possibility of the Petitioner/Accused No.3 threatening the witnesses or tampering with the evidence does not arise. Furthermore, it is likely to take considerable time for the matter to be brought to trial.

9. Keeping into consideration the number of days the Petitioner/Accused No.3 has been in judicial custody, the nature of the allegations levelled against him, and his alleged role in the case, this Court is inclined to enlarge the Petitioner/Accused No.3 on bail. This Court is of the opinion that if certain stringent conditions are imposed on the petitioner for securing his presence before the learned Trial Court for trial, the interest of justice would be met.

Dr.YLR, J Crl.P.No.7262 of 2025 Dated 04.08.2025

10. In the result, the Criminal Petition is allowed with the following conditions:

I. The Petitioner/Accused Nos.3 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.20,000/-

(Rupees Twenty Thousand Only), with two sureties for the like sum each to the satisfaction of the Additional Judicial I Class Magistrate, Narsipatnam.

ii. The Petitioner/Accused Nos.3 shall appear before the Station House Officer, Rolugunta Police Station, Visakhapatnam, on every Saturday in between 10:00 am and 05:00 pm, till the conclusion of the Trial.

iii. The Petitioner/Accused Nos.3 shall not leave the limits of the District without prior permission from the Investigating Officer. IV.

The Petitioner/Accused Nos.3 shall not commit or indulge in similar offences in future.

V. The Petitioner/Accused Nos.3 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.

Sd/- K.TATA RAO DEPUTY^REGiSTRAR //TRUE COPY// F SECTION OFFICER 9:

«b lb To,

1. The Station House officer,Rolugunta Station, Visakhapatnam.

2. The I Additional District Judge, Visakhapatnam District.

3. The Superintendent, Central Jail, Visakhapatnam. /

4. One CC to SRI. RAMINENI SUDHEER, Advocate [OPUC]

5. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OPUC]

6. One spare copy KN HIGH COURT DR.YLR.J DATED:04/08/2025 ORDER CRLP.No.7262 of 2025 ALLOWED rrt p B 5 WG ^