Andhra Pradesh High Court - Amravati
Killo Krishna vs The State Of Andhra Pradesh Through ... on 4 August, 2025
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 in 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.No.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. Accused Nos.1 to 3 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. 3
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. 4
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.
_________________________ DR. Y. LAKSHMANA RAO, J Date: 04.08.2025 KMS 5 Dr.YLR, J Crl.P.No.7262 of 2025 Dated 04.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7262 of 2025 Date: 04.08.2025 KMS