Pangi Santhosh Vs the State of Andhra Pradesh

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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV I WEDNESDAY, THE SIXTEENTH DAY OF APRIL fairfTWO THOUSAND AND TWENTY FIVE

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:PRESENT:

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3237 OF 2025 #~

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Betwee n :

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pangi santhosh, s/o.Jayo, Age 28 years, CA/almiki R/o. Chowdupalli village, Duppulawada Panchayati, G.K.Veedhi Mandal, ASR District.

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petitioner/Accused

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AND

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The State of Andhra Pradesh, through the Station House Officer, Mothugudem P.S, ASR District, -Represented by Public Prosecutor, High court of Andhra Pradesh.

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...Respondent/Complainant /..,-

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petition under section 480 & 483 of BNSS (Old Section 437 and 439 of cr.p.c,) is filed pray'Ing that in the Circumstances Stated in the memorandum of grounds filed in support of the Criminal Petition, the H'lgh court may be pleased to grant th.e petitioner bail on such terms and conditions as deemed fit directing the petitioner's enlargement in Crime No.73 of 2024 of Mothugudem P.S.

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The petition coming On for hearing, upon Perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI DUGGIRALA SUBASH Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following

ORDER:

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APHCO10151952025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction)

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[3369]

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WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

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CRIMINAL PETITION NO: 3237/2025

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Between:

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PangI' Santhosh

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...PETITIONER/ACCUSED

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AND

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The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused: 1.DuGGIRALA SUBASH

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Counsel for the Respondent/complainant 1.PUBLIC PROSECUTOR

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The Court made the following:

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ORDER:

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This Criminal Petition under Sections 480 and 483 of B.N.S.S., has been filed by the petitioner/A2, seeking regular bail in Cr.No.73/2024 of Moothugudem police Station, ASR District.

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The above saI'd Crime Was registered against the petitioner/A2 herein and others for the offence punishable u/See.111(2)(b) of B.N.S and See.8(c) r/w Sec.20(b)(ii)(C) of the NDPS Act.

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The case of the prosecution in brief is as follows:

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On 16.10.2024 at about 4.00 pm, on receipt of credible information

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about illegal possession and transportation of ganja, the sl of police,

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z>

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secured the presence oflhiS Staff and mediators and rushed tO Outskirts Of Polluru Village, Daralamma thalli temple , Mothugudem Panchayat and found a person in suspicious circumstances. on observing police, he they tried to escape. Then police apprehended him and on questioning, he disclosed his identity particulars as that of A2 and police found 2 kgs of liquid ganja in his possession. Arrested the accused, seized the contraband.

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Learned counsel forthe petitionercont'ended that the petitioner is in judicial custody from 17.1O.2024 and most of the investigation is completed and after expiry of statutory period, police have not filed charge sheet as such the petitioner is entitled for statutory bail.

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On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory Period iS completed, but opposed tO grant bail, He further submitted that no antecedents are reported against the petitioner.

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Heard both sides.

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lt l's evident that the petitioner has been in judicial custody since 17.10.2024 and most of the investigation might have been completed by this time. Given that the petitioner has been in remand since 17.10.2024, this Court views that most of the investigation concerning the petitioner's role in the commission of the alleged offence has likely been concluded. lt has been submitted that the petitioner has a permanent residence, and

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there is no credible appTehensI'On Of his fleeI'ng away from justI'Ce, AdditI|Onally, since most of the witnesses are official, the release of the petitioner would not impede the investigation or tamper with the evidence and also after completion of statutory period, police have not filed charge sheet and also they have not filed any petition for extension of time for investigation.

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ln view of the aforesaid facts and circumstances of the case, th,'s court is inclined to grant bail to the petitl'oner/A2 with following conditions.

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(i) The petitioner/A2 herein shall be released on hI|S 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 I Additional sessions Judge, Rajamahendravaram,I

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(ii) On release, the petitioner shall appear before the station House Officer concerned on every sunday between 10.00 a.m. and 12.00 noon for a period of three (o3) months.

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(iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation.

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