Kommanapalli Dileep Kumar v. The State Of A.P, Rep

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FIFTEENTH DAY OF FEBRUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION No. 563 of 2018 Between:

Kommanapalli Dileep Kumar, S/o. Ramana Petitioner (Accused No.1 in Cr.No.143/2017 of Yeleswaram P.S) AND The State of A.P., rep. by the Public Prosecutor, High Court of Hyderabad, through Yeleswaram Police Station, Visakhapatnam District. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to enlarge the petitioner on Regular Bail to the petitioner/accused No.1 in crime No. 143 of 2017 of Yeleswaram Police Station, East Godavari, Rajamahendravaram, dated 26-10-2017. The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Sraan Kumar Naidana, Advocate for the Petitioner and of the Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:

" This petition is filed, under Sections 437 and 439 of the Criminal Procedure Code, 1973, seeking to enlarge the petitioner, who is A1, on bail in Crime No.143 of 2017 on the file of the Station House Officer, Yeleswaram Police Station, East Godavari District.

2.

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

3.

The counsel for the petitioner submits that this petitioner is only transporting Ganja at the instance of A3, who is the owner of Ganja. The confessional statement of this petitioner also shows that he was lured by the heavy wages that were offered to him for transportation of Ganja. Though his confessional statement shows that he was conscious of transportation of Ganja, it is also evident from the said confession that he was transporting Ganja, being tempted by the huge wages that were offered for transportation of the Ganja. 4.

Hence, considering the above circumstances, the petitioner is directed to be enlarged on bail on condition of his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class, Prathipadu, and to appear before the trial Court on the dates given by the concerned Court. 5.

The learned Public Prosecutor submits that a direction may be given to the petitioner to attend before the Police Station. 6.

Hence, the petitioner is directed to appear before the Station House Officer, Yeleswaram Police Station, East Godavari District, on every day between 09:00 AM to 12:00 noon.

With the above observations, the Criminal Petition is allowed. As a sequel, the miscellaneous applications, if any pending, shall stand closed." ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR

..2..

To

1. The I Additional District and Sessions Judge, East Godavari at Rajamahendravaram.

2. The Judicial Magistrate of First Class, Prathipadu, E.G.District.

3. The Superintendent, Central Jail, Visakhapatnam.

4. The SHO, Yeleswaram Police Station, East Godavari, Rajamahendravaram.

5. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)

6. One CC to Sri Sravan Kumar Naidana, Advocate(OPUC)

7. One spare copy.

SAH

HIGH COURT TRJ DATED: 15-02-2018

ORDER

CRL.P.NO. 563 OF 2018 BAIL GRANTED

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 16-02-2018 HIGH COURT TRJ DATED: 15-02-2018

ORDER

CRL.P.NO. 563 OF 2018 BAIL GRANTED