Katiboina Prasad @ Kakinada Prasad Vs the State of Andhra Pradesh

petit'lon under section 480 & 483 of BNSS, 2023 -ls filed praying that in the circumstances stated 'In the affidavit filed ®ln Support Of the Criminal Petition, the H'lgh Court may be pleased to direct release Of the Petitioner/A-6 on Bail pending enquiry and trial in connection with Crime No.248/2023 of Duvvada Police Station.

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The petition/Appeal coming on for hearing, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of sri ARRABOLU SAI NAVEEN Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following.

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The Court made the following ORDER:

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This Criminal Petition under Sections 480 & 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short tB.N.N.S.I), has been filed by the Petitioner/ A.6 seeking bail in Cr.No.248 of 2023 on the file of Duvvada Police Station.

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The above said crime was registered against the petitioner/ A.6 herein and others for the offence punishable under Section 20(b) (ii) (c), 25 r/w 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short lthe NDPS Act').

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The Prosecution's case, in brief, is that, on receipt of credible information about illegal transportation of ganja, on 04.10.2023, the Inspector of Police along with staff and mediators rushed to the road running from Sanivasa-Duvvada Railway Station near Lakkarajupalem Village and found two persons coming on motor cycles and one person was present in front of them while carrying two gunny bags and by looking at police, they tried to abscond. Then the police apprehended them. During interrogation, A.2, A.4 and A.5 disclosed their details. Based on the confessional statements of accused, the Police seized the contraband and the vehicles, arrested them and sent them to judicial custody

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Learned counsel for the Petitioner/A.6, submits that this Court has previously granted bail to A.2 and A.4 as per the orders in Crl.P.Nos.275 and 2028 of 2024. Based on the confessional statements of A.2 and A.4, this crime has been registered against the present petitioner/A.6.

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Learned Assistant Public Prosecutor opposes the grant of bail on the ground that the contraband involved constitutes a commercial quantity.

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I have heard both sides. Learned counsel on both sides reiterated their submissions on par with the contentions presented in the Petition and the report. Consequently, the contentions raised by learned counsel need not be reproduced.

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Considering the submissions made and after perusal Of the material On I/ record, more particularly the orders in Crl.P.Nos.275 and 2Q28 of 2024 dated o1.04.2024, it is evident that this Court had granted bail to A.2 and A.4 and the crime was registered against the present petitioner/A.6 basing on the confessional statement'of A.2 and A.4. lt is not the prosecut'lon's case that contraband was seized from the possession of A.6. Given that this Court has already granted bail to A.2 and A.4, it is observed that the present Petitioner/A.6, stands in a better footing than the A.2 and A.4. Furthermore, Petitioner/A.6 has been in judicial custody since 14.ll.2024, and it appears that most of the investigation has been completed. As seen from the record, there is no material to show that the grant of bail to the Petitioner would defeat the ends of justice. Nothing on the record suggests that the Accused will likely Commit an offence if released on bail. As the petitioner has a permanent abode and there is no possibility of fleeing away from the justice, this Court is inclined to grant the bail to the petitioner/A.6.

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ln view of the above facts and circumstances Of the Case, th-lS Court is inclined to grant bail to the Petitioner/A.6, on the following conditions:

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i. The Petitioner/A.6 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 Metropolitan Sessions Judge-Gum-I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam.

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ii. on release, the Petitioner shall appear before the Investigating Officer, concerned, every fortnight, in between 10.00 a.m. and 1.00 p.m. for a period of three (03) months.

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iii. The Pet|ltioner shall not directly or indirectly contact Or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall CO-operate With the investigation.

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iv. It is made clear that the Petitioner shall scrupulously comply with the above cori'ditions and breach of any of the above conditions wI'll be viewed seriously and prosecution is at ljberfy to move an application for cancellation of the bail. However, nothing expressed hereinabove shall be construed as an expression on the merits of the case.

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