Kishore Palaksha Reddy Vs the State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2025)

Kishore Palaksha Reddy Vs the State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Temporary bail for two weeks (24.04.2025 to 08.05.2025) on execution of personal bond of Rs.50,000/- with one surety for like sum to the satisfaction of the Jail Superintendent concerned; petitioner to surrender before the Jail Superintendent on 08.05.2025 by 5.00 p.m.; extension petitions for interim bail not to be entertained; failure to surrender to result in issuance of warrant by the Magistrate.

Issue for consideration

Whether the petitioner/Accused No.4 is entitled to regular bail in Crime No.137 of 2024 of Yetapaka Police Station (registered for offences under Sections 111(2)(b) and 111(4) BNS and Section 20(b)(ii)(c) r/w 8(c) NDPS Act), pending filing of the chargesheet.

Court's answer

Considering the gravity of the offence and the involvement of commercial quantity of ganja (100 kgs seized from the possession of the petitioner and others), the petitioner is not entitled to bail as prayed for.

Ratio / Principle

On compassionate consideration of the ill-health of the petitioner's father (heart and kidney problems, evidenced by a medical report whose genuineness was not disputed by the Assistant Public Prosecutor), the petitioner is granted temporary bail for a period of two weeks, from 24.04.2025 to 08.05.2025.

Key takeaways

Release on bail on personal bond of Rs.50,000/- with one surety for like sum; mandatory surrender before the Jail Superintendent on 08.05.2025 by 5.00 p.m.; any extension petition for interim bail will not be entertained; on failure to surrender, the Jail Superintendent is to inform the concerned Magistrate who shall issue a warrant to procure the petitioner's presence.ratio¶50

Detailed headnote1 paragraphs

Bail - NDPS - 100 kgs ganja (commercial quantity) - Accused No.4 seeks regular bail under Sections 480 & 483 BNSS (old Sections 437 & 439 CrPC) in Crime No.137/2024 of Yetapaka Police Station, Alluri Sitaramaraju District, registered under Sections 111(2)(b) and 111(4) BNS and Section 20(b)(ii)(c) r/w 8(c) NDPS Act, pending filing of chargesheet - Regular bail as prayed for refused in view of the gravity of the offence and involvement of commercial quantity of ganja - However, on account of the serious ill-health of the petitioner's father (heart and kidney ailments, medical report not disputed by the prosecution), temporary bail granted for two weeks (24.04.2025 to 08.05.2025) on personal bond of Rs.50,000/- with one surety, conditional upon surrender before the Jail Superintendent on 08.05.2025 by 5.00 p.m. - Extension petitions for interim bail not to be entertained; failure to surrender to invite warrant from the Magistrate - Criminal petition disposed of. (High Court of Andhra Pradesh at Amaravati, Special Original Jurisdiction - T. Mallikarjuna Rao, J.)

lN THE H[GH COURT OF ANDHRA PRADESH AT AMAR THURSDAY, THE SEVENTEENTH DAY OF APRIL, TWO THOUSAND AND TWENTY FIVE

:PRESENT:

HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3426 OF 2025 E=

Between:

Kishore Palaksha Reddy, S/o Palaksha Reddy, Age 32 years, Occ Business, R/o D.No.19/1,3rd Cross Road, 24-Main HSR Layout, Bangalore Karnataka

...Petitioner/Accused No.4

•AND

The State of Andhra Pradesh, Rep by S.H.O. Yetapaka Police Station Alluri Sitaramaraju District. €

...Respondent/Complainant I

petition under section 480 & 483 of BNSS (Old Sections 437 & 439 of cr.p.c), praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal Petit'lon, the High Court may be pleased to pass an appropriate o+cil6r enlarging him on Bail, in connection with crime 137/2024 of Yetapaka PS. pending the filing of chargesheet, trial thereof, in the interest of Justice and Equity.

CounselforthePetitioner : SriVN S LSasidharV

Counsel for the Respondent : Assistant Public Prosecutor.

The Court made the following

ORDER:

lIIIllllIIIIIIIr

APHCOIO157132025

IN THE HIGH COURT OF ANDHRA PRADESH EFEriE AT AMARAVATI [3369]

(Special Origl-hal Jurl-sd,-ction) /

THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO rE>lI`J[ILIJLl h-..___ __

Between.I

Kl'shore palaksha Reddy AND -I.PETITIONER/ACCUSED

The State of Andhra pradesh ...RESPONDENT/COMPLAINANT Counsel for the petitioner/accused.I

1.VNS LSASIDHARV

counsel for the Respondent/complaI-nant:

1.PUBLIC PROSECUTOR

I±e_£g±±±±±a±e±!±eJ±!!Qri±ri

This criminal PetI-lion, under Sections 480 and 483 of

BNSS, has been filed by the petitioner herel-n/A4, seekl-ng regular bal'I, jn crI'me No.137 of 2024 of Yetapaka poll-Ce Station, AIluri sjtharama Raju District, regI-Stered for the offence punishable

under sectI'OnS 111(2)(b) and 111(4) of the BNS and sections 20(b)(li)(c) read wI'th 8(c) of the Narcotic Drugs and psychotropjc Substances Act,1985.

case of the prosecutl'on, in brief, isthat, on 12.ll.2024, the

sub-Inspector of police along w,-th hl-s staff and mediators whI-Ie conducting raid at Bojjaguppa centre, yetapaka, they caught hold

of A1, A3 to A6 whI®le they were in possession and transporfatl-on

of Ganja of 100Kgs, whJ'Ch Was Supplied by Al and A2 packed jn

`of# / E=

rj

5 white color plastic bags by two cars. The contraband along with

other material was seized under the cover of mediators report.

Heard. Perused the record.

A perusal of the material on record goes to show that the contraband allegedly involved in the present crime is 100Kgs of Ganja and the same was seized from the possession of petitioner herein and others. lt is submitted by the learned counsel for the petitioner that the father of the petitioner has been suffering from ill-health and undergoing treatment in the hospital with heart and kidney problems. ln support of his contention, the learned counsel for the petitioner placed a copy of the medical report. Learned Assistant Public Prosecutor has not disputed the genuineness of the said medical report.

Considering the gravity of the offence and the involvement of commercial quantity of ganja in the present crime, petitioner is not entitled bail as prayed for. However, keeping in view of the health condition of the father of the petitioner herein, the Petitioner herein is granted bail for a period of two (o2) weeks i.e. from 24.04.2025 to 08.05.2025 with the following conditions.

i. The petitioner herein shall be released on bail on executl'on of personal bond for a sum of Rs.50,000/- (Rupees fl-fly

_~y :,jy

3

thousand only) with one surety for II'ke Sum to the satisfaction of

the Jail Superl'ntendent concerned.

iI-. The petitioner herel|n sha" surrender before the Ja"

superintendent concerned on o8.05.2025 by 5.00 p.m.

jli. lt is made clear that any extension petl-lion for I'nterjm bail wI'll not be entertaI'ned.

iv. ln the event of fat-lure of petitioner surrendering before the Jail Superintendent concerned wl'thl'n the time stl'pulated by this court, the Jail Superintendent concerned js directed to inform the same to the concerned Magistrate and on

receipt of the same the learned MagI'Strate I-s directed to I'SSue

warrant against the petitioner to procure his presence.

Accordingly, the criml-nal petition is disposed of.

T-J\J

E

ASSlsTANS^PL_P ` PRAs'AD|-I-_ RAO

/ITRUE COPY//

Fc

To,

The Special Sessions Judge for Trial of Offences under NDPS Act, 1985 Gum 1 St Additional Sessions Judge at Rajamahendravaram.

The Superintendent, central prison, RaJ-amahendravaram, East Godavari District.

The S.H.O. Yetapaka Police Station, AIluri Sitaramaraju District.

One CC to Sri V N S L Sasidhar V, Advocate [OPUC]

Two cos to Public Prosecutor (AP) High Court ofAndhra Pradesh [OUT]

Onespare copy

u> ut U)

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I

HIGH COURT

TMR,J

DATE D ..17/04/2025

BAIL ORDER

CRLP.No.3426 of 2O25

DISPOSED OF