Killo Sathi Babu, Vs The State of Andhra Pradesh

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_+dr.

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[3369]

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IN THE HIGH COURT 6F ANDHRA PRADESH AT AMARAVATl WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND-AND TWENTY FIVE

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:PRESENT:

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THE HONOURABLE SRI JUST'lCE I MALLIKARJUNA I CRIMINAL PETITION NO: 3594 OF 2025

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Between :

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KiIIo Sathi Babu, S/o Late Musiri Age 35 years, R/Dagudubilli Village Duliyaputta Panchayat, Chitrakonda 'BIock Malkangiri District, Odisha State Petitioner/Accusec!

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The State of Andhra Pradesh, through Station House offi-cer, Annavaram ps, visakhapatanam, Rep. by Pttibiil6:Prosecutor, High Court at Amaravati. J{L , + Respondent/Complainant

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petition under section 480 and'`4;83 of BNSS & old U/s 437 and 439 of Cr.P.C, praying that in the circumstahL6asr stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/ Al on bail in connection-!vi-ith'::'Crime No. 29 of 2023 of Annavarain PS.

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The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof an-d?'€irirbon hearing the arguments of SRI KANDEPU HEMANTH KUMAR Adv6~eaie for the petitioner, Assistant PUBLIC PROSECUTOR Advocate for the,--;;ftt6Sb`6ndent and the court made the following.

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ORDER

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[3369]

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

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PRESENT

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THE HONOURABLE SRI JUSTICE I MALLIKARJUNA-RAO

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CRIMINAL PETITION NO: 3594/2025

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Between :

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Killo Sathi Babu,

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...PETITIONER/ACCUSED

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AND

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The State Of Andhra Pradesh

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.URESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused:

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1.KANDEPU HEMANTH KUMAR

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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:

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ORDER:

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This Criminal Petition, u/See.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A1, seeking bail, in

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Crime No.29/2023 of Annavaram Police Station, ASR District.

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2, A case has been registered against the petitioner and others for the

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offence punishable u/See.20(b)(ii)(C), 25 I/w 8(c) of the NDPS Act.

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Heard learned counsel for the petitioner and the learned Assistant

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Public Prosecutor representing the respondent/state.

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Case of the prosecution, in brief, is that, on 26,9.2023 at about 5.30

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am, on receipt of credible information, regarding illegal possession and I+ansportation of ganja, the s.I of Police, along with staff and mediators

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e_,

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2

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rushed {o Nimmapadu road turning point Of ChinthapaIIi Mandal and conducted vehicle checking. They found one Bolero pick up vehicle bearing registration no.AP 05 TC 6883 and a motorcycle. On seeing police, the motorcyclists reversed their vehicle and escaped. Police caught two persons in the Bolero vehicle. On enquiry, they disclosed their identity particulars as that of other accused and POIice found 1,401.600 kgs of ganja in their possession. police arrested them and remanded them to judicial custody. During the course of investigation, basing On the COnfeSSiOn statement, Al was arrested on 18.ll.2024.

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Perused the record.

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Learned counsel forthe petitioner submits {hatthiS Crime Came tO be registered on 26.9.2023 and basing on the confession Statement Of COaccused, this petitioner was arrested on 18.ll.2024 and since then he has been in judicial custody, as such, prayed to allow the Criminal Petition.

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7.- ` Learned Assistant Public Prosecutor opposed tO grant bail {o the petitioner on the ground that the seized contraband is huge quantity.

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8| The petitioner was anested and remanded tO judicial Custody On 18,ll.2024. Evidently no contraband has been Seized from the possession of the petitioner. since the accused has been in judicial custody from 18I11.2024, this Court found that most of the investigation Pertaining tO the role played by the petitioner in the commissi-on of the offence would be completed. lt is submitted that the Petitioner is permanent resident of chitrakonda Block, Odisha State as such there is no possibility of his fleeing

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away from justice and most of the witnesses are official witnesses and the ~/ release of the petitioner would not cause tampering of evidence and hampering of investigation. when ascertained, learned Assistant Public prosecutor submitted th'at no-antecedent reported against the petitioner. Learned Assistant Public Prosecutor submitted that huge.quantity Of contraband was involvecI `in this case, as such. this Court intends to impose stringent conditions, to meet the lends of justice. Consider'lng the entire material on record, this court is inclined to grant bail to the petitioner with some conditions.

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'9. ln the result, th-e' Crimina®l Petition is allowed with the following conditions:

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(i) The petitioner/Al herein shall be released On his executing a personal bond for Rs.50,000/-(Rupees fifty thousand Only) With two sureties for a like sum to the sat-lsfaction of the learned I Additional District & Sessions Judge-'cum-Special Judge for trial of 6ffences under NDPS Act, Vizianagaram;

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(ii) on release, the petitioner shall appear before the station House Officer concerned on every Sunday between 10.OO a.m. and 1.00 pm, for a period of three (03) months.

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