Andhra Pradesh High Court - Amravati
Viswanath Viswanadham vs The State Of Andhra Pradesh on 28 March, 2025
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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl#
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FRIDAY, THE TWENTY EIGHTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE di
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:PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA R A--ri-a
ap¥giv
CRIMINAL PETITION NO.I 3001 OF 2025 ts##
Between=
viswa#h @ viswanadham, s/o. Late Gasi Rao, aged about 45 Year,R/o.
Sarabhguda, Near Government hospl-tal, Aruku Village and MandaI, Alluri
Seetha Rama Raju District
I..Petitioner/Accused No|5 ~
AND
The State of Andhra Pradesh, Through Station House Officer, Vizjanabgram
Rural Police Station, Rep. by its Public Prosecutor, High Court of Andhra
Pradesh, Amaravathi, Guntur Dis`trict \f
`-,/
...Respondent/Complainant
\f\ft \/ I
Petition under Sections 480 & 483 of BNSS (Under Sections 437 & 439
of Cr.P.C) praying that in the circumstances stated I'n the memorandum Of
grounds filed in support of the €;;iminaI Petition, the High Court may be
pleased to release the petitioner/A5 on Bail in connection with Crime No. t€9'r
vr
of 2024 of Vizianagaram Rural Police Station, U/s 20(b)(ii)(C), r/w 8 (c) of
NDPS Acrt985, Vizianagaram District, Dated 19-08-2024. ~
The Petition coming on for hearl'ng, upon perusl'ng the petitI'On and the
memorandum of grounds J;;Sd in support thereof and upon hearing the;
arguments of SRI KAKUMANU JOJI AMRUTHA RAJU, Advocate for the
petitioner, and of PUBLIC PROSEcuTOR, for the Respondent;gr
ApHCOI O141892025
lN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATl [3369]
:'E (special Original Jurisdiction)
FRIDAY, THE TWENTY EIGHTH DAY OF MARCH
TWOTHOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
QBLMINAL PETITION NO: 3001/2025
Betwee n :
1.VISWANATH @ VISWANADHAM, S/O. LATE GASI RAO, AGED
ABOUT 45 YEAR,R/O. SARABHGUDA, NEAR GOVERNMENT
HOSPITAL, ARUKU VILLAGE AND MANDAL, ALLURI SEETHA
RAMA RAJU DISTRICT
...PETITIONER/ACCUSED
AND
1.THE STATE OF ANDHRA PRADESH, Through Station House Officer,
vizianagaram Rural Police Station, Rep. by its Public Prosecutor, High
court of Andhra Pradesh, Amaravathi, Guntur District
...RESPONDENT/COMPLAINANT
counsel for the petitione-I/accused:
1. KAKUMANU JOJI AMRUTHA RAJU
counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
The Court made the following:
ORDER:
This Criminal Petition, under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A.5, seeking `~-
regular bail, in Crime No.16§ of 2024 of Vizianagaram Rural Police Station, Vizianagaram District.
2, A case has been registered against the petitioner and others for the offence punishable under Section 20(b)(ii)(C) I/w 8(c) of NDPS Act. 3- Case of the prosecution, in brief, js that, on 19.08.2024 at about 1,00 Pm, On receipt Of Credible information regarding illegal POSSeSSiOn and transportation of ganja, the s.I of Police, VizI'anagarani Rural Police Station, along with staff and mediators rushed to vasantha vihar layout, Dharmapuri, VI-Zl'anagaram and went to Vl'IIa no.4 and knocked the door. Then, one male Person opened the door and immediately the police went inside and found two other persons in the house with some packets. on enquiry, all the three disclosed their identity partI-CularS aS that Of A.1 to A.3 and police found 22-785 kgs of ganja in their possession. police arrested them, Seized the ganja. They confessed about the involvement of A.5 in commission Of Offence and hence the name of the A.5 was added in the FIR. During the course of investigation, A.5 was arrested orl o8.02.2025 and since then She iS in judicial custody.
4, Heard learned counsel for the petitioner/A.2 and the learned Assistant Public Prosecutor representing the respondent/state. perused the record.
5. Learned counsel for the petitioner/A.5 submits that the Crime tO be registered on 19.08.2024 and basing on the confessional statement of co-
`=-i- ` J` accused, this petitioner was artested on o8.02.2025 and since then he has been in judicial custody. He further submits that this Court was pleased tO grant bail to A.6 vide Criminal Petition No.2999 of 2025 dated 27.03.2025 and prays that the petiti6~ner also be enlarged on bail.
6. Learned Assistant Public Prosecutor opposed tO grant bail tO the petitioner.
7. After Careful observation Of the material On record and SubmiSSiOnS made on behalf of both sides, it shows that the petitioner was arrested and remanded to judicial custody on o8.02.2025. Evidently no contraband has been seized from the possession of the petitioner. Since the accused has been in remand froin o8.02.2025, this Court found that most Of the investigation pertaining to the role played by the petitioner -ln the commission of the offence might have been completed. lt is submitted that the petitioner has permanent abode at sarabhguda, Aruku Village of ASR D®lstrict and there
--an is no possib|llity of h'lS fleeing away from justice and most Of the Witnesses are tr±r=± official witnesses and the release of the petitioner would not cause tamper'lng I r of evidence and hampering of -Investigation. when ascertained, learned Assistant Public Prosecutor Submitted that nO antecedents reported against the petitioner. cons'ldering the entire material on record, this court is inclined to grant bail to the petitioner with some conditions.
7. ln the result, the Criminal Petition is allowed With the following conditions:
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(i) The petl'tioner/A.5-' herein shall be released on bail on his executing a personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Special Judge for -trI-al of offences under NDPS Act-Gum- I Additional SessI'OnS Judge, VizI'anagaram ;
(li) On release, the petitioner shall appear before the Station House Officer concerned on every Sunday between 10.00 a.m. and 01.00 pm, for a perI'Od Of three (03) months; and (IiI') the petitioner iS directed not hamper the investigation and tamper with the prosecutI-On Witnesses and he Shall cooperate with the investl-gatl'on.
- h
Sd/-M.PRABHAKARA RAO
ASSISTANT 5REsTRAR
//TRUE COPY//
SECTION OFFICER
To,
1, The special Judge for Trl®al of Offences Under NDPS Act-Cum I Additional Sessions Judge, Vizianagaram, Vizianagaram District 2- The AdditI'Onal JudI-CiaI First Class Magistrate, Vizianagaram, Vizl'anagaram District 3, The Superl-ntendent, central Prison, VI'SakhaPatnam, Visakhapatnam District 4® The station House Officer, Vizianagaram Rural Police Station, VI-Zianagaram District 5, One cc to sRl. KAKUMANU JOJI AMRuTHA RAJUAdvocate [OPUC] 6, Two ccs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh I-I I-I [OUT]
7. One spare copy PSR Eg= ERE v.I HIGH COURT TMR,J DATED :28/03/2025 BAIL ORDER CRLP.No.3001 of 2025 ALLOWED