Andhra Pradesh High Court - Amravati
Gugulothu Bhaskar Alias Swamy vs The State Of Andhra Pradesh on 18 August, 2025
APHC010409642025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
MONDAY,THE EIGHTEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 8251/2025
Between:
1. GUGULOTHU BHASKAR ALIAS SWAMY, S/O. THIRUPATHI, AGED
38 YEARS, C/ST-LAMBADA, OCC AGRICULTURE, R/O. DHARARAM
THANA, MARIPEDA,MAHABUBABAD DISTRICT
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, Through Station House Officer.
Tuni Town Police Station, Represented by Public Prosecutor, High court
of A.P
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. DUGGIRALA SUBASH Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR 2 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 in Crime No.36 of 2016 of Tuni Town Police Station, registered against the petitioner/Accused No.3 herein for the offences punishable under Section 8(c) read with 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act').
2. The case of the prosecution is that on 19.04.2016 on receipt of credible information, the police along with staff and mediators rushed to the scene of offence i.e., near Seetarampuram Junction, NH-16 and apprehended the Accused Nos.1 and 2 and seized 45 Kgs of ganja from the vehicle. On interrogation, they revealed that based on the instructions of petitioner herein, they procured the contraband from an unknown person and on his instructions, Accused 1 and 2 agreed to transport the contraband. Based on the confession of Accused 1 & 2, the petitioner was arrested on execution of PT warrant on 25.06.2025.
3. Mr.Duggirala Subash, the learned counsel for the petitioner / Accused No.3 contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the only earning member of his family. Basing on the confession of other 3 accused, the petitioner was shown as accused No.3 and it is urged to enlarge the petitioner/Accused No.3 on bail.
4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that the petitioner absconded from the scene of offence and thereafter, the petitioner was produced on PT warrant in another Crime No.02/2025 relating to NDPS office. Further the petitioner is resident of Mahabubabad District of Telangana State, and urged to dismiss the bail application.
5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
6. As seen from the record, the petitioner/Accused No.3 was arrested on execution of PT warrant on 25.06.2025 and ever since he has been in the judicial custody for the past 45 days. After completion of investigation, the Investigating Officer filed charge sheet against Accused Nos.1 and 2 and they were already enlarged on bail. The petitioner/Accused No.3 was allegedly indulged in transportation of 36 KGs of ganja. A split charge sheet was filed against Accused No.3 as he was absconding. The accusation against the petitioner/Accused No.3 is well founded. Hence, there are no merits in the petition and the same is liable to be dismissed.
7. In the result, the Criminal Petition is dismissed.
_________________________ DR. Y. LAKSHMANA RAO, J Date: 18.08.2025 KA 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8251/2025 Date: 18.08.2025 KA