Allowed

P. Srinivasa Reddy v. The State of A.P.

Telangana HC7 Mar 2018CRLP/1393/2018

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner, an accused under Section 20(b) of the NDPS Act, after hearing arguments. The court noted he was only shown as an accused later in the charge sheet despite assurances given to another accused. Conditional bail was granted with a surrender requirement.

What did the court decide?

Petition allowed; anticipatory bail granted subject to surrender within 15 days and executing a personal bond with two sureties for Rs. 40,000 each, plus conditions under Section 438(2) Cr.P.C.

P. Srinivasa Reddy Vs The State of A.P. — Narcotics (NDPS) | Telangana HC (2018)

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l26eo I

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HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE Otr. ANDHRA PRADESH WEDNESDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHTEEN

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:PRESENT:

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THE HONOURABLE SMT JUSTICE T. RAJANI

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CRIMINAL PETITION NO: 1393 Ol. 2018

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Between:

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P. Srinivasa Reddy, S/o Yella Reddy

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Petitioner/Accused

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AND

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The State of Andhra Pradesh, Rep by Public Prosecutor, Through PS Kasimkota, Visakhapatnam District.

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Respondeut/ Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the affidavit liled in support of the Criminal Petition, the High Court may be pleased to may be pleased to grant anticipatory baii to the Petitioner in Sessions Case No. 247 of 2Ol6(Cr.No. 95 of 2015 of PS Kasimkota) pending on the file of the Honble Metropolitan Sessions Judge-CUM- Designated Court for the trial of Cases under NDPS Act., Visakhapatnam., in the event of arrest on any terms and conditions

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The petition/Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI DUWURI SURYA NARAYANA Advocate for the Petitioner, THE PUBLIC PROSECUTOR (AP) Advocate for the Respondent and the Court made the following.

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ORDER

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This petition is filed seeking grant of anticipatory bail to the petitioner, who is accused No.1, in N.S.C.No.247 of 2016 on the fiIe of Metropolitan Sessions Judge - cum - Special Judge for Trial of Offences under NDPS Act, Visakhapatnarn. The offence alleged is under Section 20 (b) of NDPS Act.

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Heard the counsel for the petitioner and the Public Prosecutor appearing for the respondent.

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The petitioner was shown as accused No.1 only at the time of filing of charge sheet. 4. The case of the prosecution is that based on the confession made by accused No.2, the role of this petitioner carne into light. The confession is that this petitioner met accused No.2 and he assured accused No.2 that if he procures ganj a, he would be able to help him in selling the ganj a and on his assurance, he procured ganja.

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Though the facts show that this petitioner has given assurance to the other accused, on the basis of which they procured ganja, considering the fact that the investigation did not revea-l his compiicity and that he came to be shown as accused No.1, only while filing charge sheet, and, since, it is submitted by the counsel for petitioner that the other accused were already granted regular bail, this court opines that this is a fit case for granting anticipatory bail.

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Accordingly, the Criminal Petition is allowed. The petitioner is directed to surrender before the Station House Officer, Kasimkota Police Station, Visakhapatnam District, within 15 days from the date of this order. On such surrender, the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.40,000/- (Rupees fort5r thousand only) with two sureties for a like sum each to the satisfaction of the said Station House Officer. Further, on such release, the petitioner shall abide by the conditions mentioned under Section 438(2) Cr.P.C., as under:

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(0 The petitioner shall make himself available for interrogation by a poiice officer as and when required.

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(ii) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to arry police officer;

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(iii) The petitioner shall not leave India without the previous permission of the Court.

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As a sequei, miscelianeous applications, if any pending, shall stand closed.

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SD/. K. JAGAN MOHAN ASSISTANT REGISTRAR //TRUE^coPYll OJ

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FoT ASSISTANT REGISTRAR

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To,

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The Metropolitan Session Judge - cum - Speciai Judge for Trial of Offences Under NDPS Act at Visakhapatnam

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T}:e Station House Offrcer, Kasimkota Police Station, Visakhapatnam District.

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One CC to SRI. DUWURI SURYA NARAYANA Advocate IOPUC] 4. TWo CC's to Public Prosecutor, High Court of Judicature at Hyderabad (our)

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One spare copy

Avs

HIGH COURT

TRJ

DATED:O7lOgl2OLa

ORDER

CRLP.No.1393 of 2018

BAIL

P. Srinivasa Reddy v. The State of A.P.

Case brief

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P. Srinivasa Reddy v. The State of A.P.

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