Mamidi Mohana Rao Vs Mamidi State of Ap

MamidI- Mohana Rao, S/o. Rambabu, aged about 46 years, R/o. surthupalli Village, Balapam panchayat, chinthapalli Mandal, AIIuri Si{harama Raju District.

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MamI'di Nageswara Rao, S/o. Rambabu, aged about 22 years, R/o. surthupalli Village, Balapam panchayat, chinthapalli MandaI, AIluri Sjtharama Raju District

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Petitioner/Accused No.1,2

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AND

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The State of Andhra Pradesh, Rep by I-tS Public Prosecutor, HI-gh Court of Andhra prade'sh.

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Respondent

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petition under sections 480 & 483 of BNSS (old SectI-OnS 437 & 439 of cr.p.c), praying that in the circumstances stated I'n the affidavit filed I-n support of the criminal Petition, the H[-gh Court may be pleased to enlarge the petI'tiOnerS/Accused No.1, 2 on bal-I pending disposal of crime No. 34/2024 of A. Annavaram police station, now Alluri Sitharama Raju District.

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` The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of srj GOLLAPALLI MAHESWARA RAO, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the following;

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APHCO10134542025 ~/

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lN T`HE HIGH COURT OF ANDHRA PRADESH EHE AT AMARAVATI

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[3369]

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(Special Original Jurisdiction)

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THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2879/2025

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Between :

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Mamidi Mohana Rao and Others

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...PETITIONER/ACCUSED(S)

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AND Mamidi State OfAp ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):

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GOLLAPALLI MAHESWARA RAO

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Counsel for the Respondent/complainant:

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1.PUBLIC PROSECUTOR

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The Court made the following Order:

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This Criminal Petition under Sections 480 and 483 of the BNSS,

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has been filed by the petitioners herein/Al and A2, seeking regular bail in Crime No.34 of 2024 of Annavaram Police Station, AIluri Sitharama RaJ-u District, registered for the offences punishable under Sections 20(b)(ii)(C) read with 8(c) of the NDPS Act.

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Case of the prosecution, in brief, is that on 20.10.2024, on receipt

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of credible information, the Sub-Inspector of Police along with his staff and mediators rushed to outskirts of Surthupalli village, and caught the accused in possession of 151 K-gs of Ganja. The contraband along viith other material was seized under the cover of mediators report.

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Heard. Perused the material on record.

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Learned counsel for the petitioners contended that the petitioners

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were arrested on 20.10.2024 and>sjgce then they have been in J'udiCial

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custody and that statutory period of 180 days is completed and police have not filed charge sheet and requests to enlarge the petitioners on bail.

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On the other hand, learned Assistant Public Prosecutor also confI'rmS nOn-filing of charge sheet by the police even after statutory period is completed, but opposed to grant bail.

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As seen from the record, the petitioners were remanded {oJ-udiCiaI custody .on 20.10.2024 and charge sheet has not been filed. Most of the witnesses are shown tot be official witnesses and the release of the petitioners would not cause hampering of investigation. It is submitted that the petitioners had permanent abode and there is no possibility of their fleeing away from J'uStiCe. It is submitted by the learned Assistant Public Prosecutor that lst petitioner/Al has involved in other crime.

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ln view of the aforesaid facts and circumstances of the case, this Court is inclined to grant baI'l tO the Petitioners herein With the following cohdl-lions:

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.i. The petl'tI'OnerS herein/Al and A2 shall be released on bail on their executing a personal bond for Rs.1,00,000/-(Rupees one lakh only) each with two (02) sureties for a like sum each to the satisfaction of the learned I AdditI-OnaI District and Sessions Judge-Gum-Special Judge for Tral-I of Offences under NDPS Act, Visakhapatnam.

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ii. on release, the petitioners shall appear before the station

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House Officer concerned, Once in a Week i.e., On every Sunday between