Pangi Vamsi Vs the State of Andhra Pradesh

The State Of Andhra Pradesh, Through Station House Officer, Koyyuru Police Station, Rep. Py its Public Prosecutor, High Court ofAndhra Pradesh, Amarav;thi, Guntur District. +

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Respondent/Complainant

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PetI'tiOn under SectI-OnS 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the cI-rCumStanCeS Stated in the affidavit filed in support of the Criminal PetI'tiOn, the High Court may be pleased to release the petitioners on Bail in connection with crime No.94/2024 of koyyuru Police Stat]'on

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COUNSEL FOR THE PETITIONERS : SRII ISUKAPATLA.AJAY KRISHNA COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER

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APHCO10160612025 lN THE HIGH COURT OF ANDHRA PRADESH [3369] AT AMARAVATl (Special Original Jurisdiction)

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MONDAY, THE TWENTY FIRST 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: 3609/2025

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Between :

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Pangi Vamsi and Others

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.HPETITIONER/ACCUSED(S)

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AND

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The State Of Andhra Pradesh H.RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused(S):

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lsukapatla.Ajay Krishna

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Counsel for the Respondent/complainant

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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 petit-loners/A4 and A5, seeking regular bail in cr.No.94/2024 of Koyyuru Police Station, Alluri Sitharama Raju District.

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The above said crime was registered against the petitioners/A4 and A5 heflein and others for the offence punishable u/Sees.111(2)(b) of the BNS and u/Sees.20(b)(ii)(C), 25 r/w 8(c) of the NDPS Act.

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'Case of the prosecution, in brief, is that, on 30.09.2024 at about

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10.00 a.m. while the Sub-Inspector of Police, Koyyuru PS along with his

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staff was conducting vehicle checking at the outskirts of cheedipalem village of Koyyuru Mandal, they found one pulsar motorcycle and two cars coming from Budaralla village side and on seeing the police personnel, they tried {o reverse their vehicles, but the police caught the drivers of two cars, who are petitioners herein/accused Nos.4 and 5, how;vcr the other accused escaped from the scene; that on inquiry, they confessed about possession Of 851 kgs of ganja packed in 279 packets; that the police arrested the petitioners herein/accused Nos.4 and 5 and seized 851 kgs of ganja from their possession under the cover of a Mediators Report, basing on which a case in crime No,94 of 2024 of Koyyuru Police Station was registered for the aforesaid offences, got remanded them to judicial custody and investigated into the crime.

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Learned counsel for the petitioners contended that the petitioners

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are in judicial custody from o4.1O.2024 and most of the investigation is completed and after expiry of statutory period, police have not filed charge sheet, as such the petitioners are entitled for sta,tutory bail.

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On the other hand, learned Assistant Public Prosecut|or also confirms non-filing of charge sheet by the police even after statutory period is comp'Iefed, but opposed to grant bail. He further submitted that no antecedents are reported against the petitioners.

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Heard both sides.

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Given that the petitioners have been in remand since 04.10.2024, this Court views that most of the investigation concerning the petitioners role in the commission of the alleged offence has likely been concluded. It has been 'submitted- that the petitioners are permanent residents of Kola'gunnala and Velamjuwi Villages respectively, and there is no credible apprehension of their fleei`ng away from justice. Additiona-lly, since most of the witnesses are official, the release of the petitioners would not impede the investigation or {amper 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. ln 'view of seizure of huge quantity of contraband, imposing sir-lngent conditions would meet the ends of justice.

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In view of the aforesaid facts and circumstances-Of the Case, this court is inclined to grant bail to the petitioners/A4 an-d A5 with the following conditions.

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(i) The petitioners/A4 and A5 herein shall be released on their executing a personal bond for Rs.2,OO,000/- (Rupees two lakhs only) each with two sureties for a like sum each to the satisfaction of the learned Metropolitan Sessions JudgeGum-I Additional District & Sessions Judge-Special Judge for I,Trial of Offences under NDPS Act, Visakhapatnam;

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(ii) On -release, the petitioners shall appear before the Station House Officer concerned on every Wednesday and Sunday between 10.00 a.m. and 12.00 noon for a period of four (04) months.

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EEl-LE

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

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