Chinni Nookaraju alias Surya Vs The State of Andhra Pradesh

Petition under Section 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances^stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.6 on bail pending disposal of Crime No.96/2024 of Rolugunta P.S., now Anakapalli District;

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The petition coming on for hearing, upon perusing the^Petitionand memorandum of grounds and upon hearing the arguments of Sri Gollapalli Maheswara Rao, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following;

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APHC010501292025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3521]

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(Special Original Jurisdiction)

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TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

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CRIMINAL PETITION NO: 9849/2025

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Between:

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Chinni Nookaraju Alias Surya

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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:

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1.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:

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ORDER:

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The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.6 on bail in Crime No.96 of 2024 of Rolugunta Police Station, Anakapalli District, registered against the Petitioner/Accused No.6 herein for the offences punishable^{underSections} 20(b)(ii)(C), 25 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

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Heard the learned counsel for the petitioner and the^{learnedAssistant} Public Prosecutor. Perused the record.

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As seen from the record, the petitioner/accused No.6 was allegedly indulged in loading 590 kgs of ganja into certain vehicles,^{forwhichhewas} paid Rs. 1,000/-. The petitioner is stated to have acted as a coolie in loading the ganja into a vehicle. No doubt, the seized contraband^{isofcommercial} quantity. The petitioner was not arrested at the spot. His alleged role has come to light based on the confessional statements^{ofaccusedNos.3to5} who were apprehended at the spot. Accused No.2 was arrested pursuant to the execution of a P.T. warrant. After thorough investigation, a charge sheet has been filed. Except for the confessions of accused Nos.3 to 5 against accused No.6/petitioner, there is no other substantial material available against him.

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The alleged offence occurred on 06.04.2024, and the petitioner was arrested on 23.06.2025. He has been in judicial custody for the past 161 days. The petitioner is a permanent resident of M. Pedapeta Village, Anakapalli District. He has got fixed abode. No similar criminal antecedents have been reported against him. No petition seeking custodial interrogation of the petitioner was filed by the police before the concerned Court. The period of custodial interrogation is over. Since the charge sheet^hasbeenfiled after

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thorough investigation, there is no possibility of the petitioner interfering with the investigation or threatening the witnesses.

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Considering the facts and circumstances of the case,^thenatureand gravity of allegations levelled against the Petitioner/Accused^{No.6,thisCourt} is inclined to enlarge the Petitioner/Accused No.6^onbail.

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In the result, the Criminal Petition is allowed with the following stringent conditions:

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I. The Petitioner/ Accused No.6 shall be enlarged on bail subject to he executing a bond for a sum of Rs. 10,000/- (Rupees ten thousand only), with two sureties each for the^likesumeach to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam.

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