B.K. Manjesh vs State Of Andhra Pradesh

Ravi Cheemalapati, J

This Criminal Petition is filed under Sections 437 & 439 of Criminal Procedure Code (‘Cr.P.C.’ in short), seeking bail, by the petitioner/ A-1, in Crime No.61 of 2022 of Araku Police Station, Visakhapatnam District, registered for the offence punishable under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act.

The case of the prosecution, in brief, is that on 01.08.2022 on reliable information regarding illegal transportation of Ganja, the Sub Inspector of Police along with staff and mediators proceeded to Sunkarametla Check Post, Arakuvalley Mandal, Alluri Seetharama Raju District and conducted vehicle checking and in the meantime they found the petitioner/ accused, who on seeing the police tried to escape, but he was caught and seized 6 Kgs. of Ganja from his possession. Hence, the above crime was registered.

Heard Sri R.S.Manidhar Pingali, learned counsel for the petitioner, and Sri Sravan Kumar Naidana, learned Public Prosecutor for the respondent-State.

Sri R.S.Manidhar Pingali, learned counsel for the petitioner, would submit that, the petitioner is working as a boy in Sri Ranganatha Sports Club, he is innocent and he has been falsely implicated in this case. He further contended that even according to the prosecution the contraband alleged to have been seized from the petitioner is non commercial quantity and further the petitioner has been languishing in jail since 60 days and substantial part of the investigation is completed and there are no antecedents against the petitioner and further the petitioner will abide by any conditions imposed by this Court, accordingly, prayed to grant bail to the petitioner.

On the other hand, the learned Special Assistant Public Prosecutor though admits that the contraband seized is non-commercial quantity and substantial part of the investigation is completed and that there are no criminal antecedents, opposed bail to the petitioner contending that the petitioner is from Karnataka State and in case he is granted bail, he may not cooperate with the investigation and he may tamper the prosecution evidence and hamper with the investigation.

Perused the record. The contraband said to have been seized from the accused is non-commercial quantity. The petitioner has been in judicial custody since 60 days. As per the prosecution, substantial part of the investigation is completed and there are no antecedents against the petitioner/accused.

In view of the above, taking into consideration the submissions made by both the learned counsel, since substantial part of the investigation is completed and since the contraband alleged to have been seized from the petitioner is a non-commercial quantity, this Court is inclined to grant bail to the petitioner/accused, however by taking due care of the apprehension of the learned Special Assistant Public Prosecutor, on the following conditions:

(i) the petitioner/accused shall be released on bail in connection with Crime No.61 of 2022 of Araku Police Station, Alluri Sitharama Raju District, on his executing personal bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for likesum each (one local surety and one surety from his native place) to the satisfaction of the Additional Judicial First Class Magistrate, Araku Valley, Visakhapatnam District;

(ii) On release, the petitioner shall appear before the Station House Officer, Araku Police Station, Alluri Sitharama Raju District, twice in a month i.e. on every 2nd and 4th Sunday in between 12.00 noon and 4.00 p.m. till filing of charge sheet;

(iii) Apart from that, the petitioner shall make himself available to the investigating officer and shall attend before him as and when he is called for the purpose of investigation;

(iv) Any infraction of the above conditions would entail cancellation of bail and the prosecution is at liberty to file application seeking cancellation of bail.

Accordingly, the Criminal Petition is allowed.

As a sequel, pending miscellaneous petitions shall stand closed.