IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CRL.P. NO:4143 of 2014 Between:
Gollavilli Jiyyanna S/o Borayya, . Petitioner/Accused No.3 AND The Station House officer, Rolugunta PS., Visakhapatnam District, the State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.
. Respondent Petition under Section 438 of Cr.P.C., praying that in the circumstances stated in the petition and the grounds filed herein, the High Court may be pleased to enlarge the petitioner/Accused No.3 on bail in the event of his arrest by the respondent Rolugunta PS., Visakhapatnam District in Cr.No.40/2012;
The petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri G. Venkata Reddy, Advocate for the Petitioner and of the Public Prosecutor, for the Respondent, the Court made the following.
ORDER:
“The petitioner, who is accused No.3, filed this Criminal Petition under Section 438 Cr.P.C., seeking release in the event of his arrest in connection with Crime No.40 of 2014 of Rolugunta Police Station, Visakhapatnam District, registered for the offences punishable under Section 20 (b) of the NDPS Act.
The averments in the report disclosed that on 23.08.2012 the police noticed some persons carrying gunny bundles on their head. On seeing the police party some of them ran away while others were apprehended. Basing on the confession made by the persons who were arrested, 1000 Kgs of ganja was seized from the bags carried by them. The persons, who were arrested, are alleged to have stated the names of the persons, who ran away.
The learned counsel for the petitioner submits that except the confession of the accused there is no material to connect the petitioner with the crime.
The learned Public Prosecutor submits that in view of huge quantity of ganja being seized, the petitioner does not deserve indulgence of this Court.
The averments in the report clearly disclose that except the confession of accused before the police, there is no other material to connect the petitioner with the crime. No effort was made to search the house of the petitioner so to affect recovery of any incriminating material. In the absence of any material connecting the petitioner with the crime, I am inclined to enlarge the petitioner on anticipatory bail on certain terms and conditions.
Accordingly, the Criminal Petition is allowed. The petitioner is directed to surrender himself before the Station House Officer, Rolugunta Police Station, Visakhapatnam District, within a period of two (02) weeks from today, and on such surrender, he shall be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Rolugunta Police Station, Visakhapatnam District, and on further condition that he shall appear before the Station House Officer, Rolugunta Police Station, twice in a week i.e., on every Monday and Saturday in between 3.00 p.m. and 6.00 p.m., for a period of six weeks or till filing of the charge-sheet, whichever is earlier.”
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Additional Judicial First Class Magistrate, Narsipatnam, Visakhapatnam
2. The Station House Officer, Rolugunta Police Station, Visakhapatnam District
3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)
4. One CC to Sri G.Venkata Reddy, Advocate (OPUC)
5. One Spare Copy HIGH COURT AB DRAFTED ON 25-4-2014 CPKJ DATE: 25-4-2014 ORDER CRL.P. NO. 4143 OF 2014 DIRECTION