Andhra Pradesh High Court - Amravati
Pilli Dhaniyyamma vs The State Of Andhra Pradesh on 5 March, 2024
i 3388 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY THE FIFTH DAY OF MARCH . TWO THOUSAND AND TWENTY FOUR ee PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO _- CRIMINAL PETITION NO: 976 OF 2024 Between: PILLT DHANIVYAMMA, VWio Late PHU Appanna, aged 68 yrs, Rfo D.No3?-30-42, &vP Nagar, Kobbarithota, Visakhansinarn. Petiionaria- 15 AND HE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. Respondent/(Complainant Petition under Sections 447 and 439 of Cr.P.O, praying that in the circumstances stated in the memorandum of grounds fled In support of the Criminal Pettion, the High Court may be pleased to cunsider the sare and release the PelfionavyA-15 on ball in CrNa.?3/2028 of Kancharanalem Police Seon Visakhapatnam Custrict on such ferms and conditions as the Honourable Court deems fit and proper under the light of u ne circurnstances of the case, in the intere rest a of justice. : The patitio m comming on for hearing, upon perusing the Felition and the mayriorandum of grounds fied in suppaert thereof and upon hearing the arguments of Sr GOLLAPALLI MAHESWARA RAG Avocate for the Petitioner and of Public Prosecutor for Respondent, the Court made t the fallowind ORDER
SEE The Court made the following:
on 3 x {B ~% ft B % oe aos ae Ev hin $d "real oye ie) a es tas Lees oO od This Criminal Petidion, Cr.P.C., has beer Aled by the petitioner/ALS, seeking regular Dal, in Crime No.P3S of 28235 of Rancharapalem Pollee Station, ~ herein and others for the offences ounishable under Sections OCD HNC), 25 read with &fc} of the Narcotic Drugs and Psychotropic Substances Act, 3 oe eine io eo vt eon (for short 'the NDPS Act'.
33 Srief facts of the case are that, on 4, Q3.2023 the Sub-Inspactoy, Sancharagelem Police Station, on credible information about transportation of garda, secured the presence of mediators and rushed to ITI duncition, Kancharanalern to the place Situated in between Skoda and Hamsa showrooms alo ong with hls staff and mediators and found Al te as in possession of 160Kgs of ganja. The contraband was seized under the cover of mediators report.
5} Learned counsel for the petitioner submits that basing an the confessional statement of co-accused, the petitioner herein iS arrayed as accused, Except the said confessional state ment, ather material has been collected fo connect the petitioner in commission of offence. The petitioner has been in fudicial custody From 21.08.2023. Learned Assistant Public Prosecutor has aise not disputed the correctness of the said submission of learned counsel for the petitione 8} fC is submitted by the jearned Assistant Public Prosecutor that the petitioner herein js invalved in ather crimes, *) In view of the facts and circumstances of the CASS, since the petitioner herein is arrayed a8 accused basing on the confessional statement of co "accused, this Court is inclined ts grant bail fo the petitioner herein nfAiS, an the follawing conditions.
() The petitioner/AL5 shall be released on exec Dunn & personal bond for Rs.50,000/- fRunees fly thousand ory} wit Ta, No two sureties for a Hike sum Sach to the satisfaction of the learned YUP Additional Metropolitan Magistrate, Visakhapatriam.
(#) On release, the petitioner shall appear before the Station House Officer, cancermer!, fwice in a week Le, on every Wednesday and Sunday between 10.00 am. and 12.00 p.m, fora period af four (43 months (H) The petitianer shall not clirectly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attemot of influencing the witriesses and shall nat tammer evidence and shall co-operate with the investigation.
fC is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above ahs ~ ay e fy conditions will be viewed seriously and prosecution is at Hberty fo 3} Accordingly, the Criminal Petition is allowed. Sci. 8. PRASAD RAG ASSISTANT REGISTRAR HPRUE COPY fae o For ASSISTANT REGISTRAR & Fhe Vil Additional | Met ropaiitan MM fagistrate, Visakhanainam The Metropolitan Sessions Judge cum | Additional Oistric f and sessions Judge. Special Judge for trial of o offences under NDF S Ant Vi sakhanainam, The Superintendent, Central Pris Son, Visakhapatnam, The SHO. Kanch arapalem Police Slaton, Visakhapainam District a ed One CC to SRE GOLLAPALL MANESWARA RAO Advorate foPuc IC] Twa CASS ta vr By IR bic iS ROSEOU FOR. iY} igh a S ohh art orf Ai PHOUT] ONG Spare copy.
HIGH COURT TRIB, J DATED OS 24 BAH. ORDER CRLP No OTs of 2024 ALLOAVED * a,