Kampati Rama Rao v. The State Of Andhra Pradesh
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SECOND DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:
THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 12693 of 2017 Between:
1. Kampati Rama Rao, S/o. Gopayya (A1)
2. Kampati Subhadra, W/o. Rama Rao (A2) Petitioners/Accused AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad.
Respondent Petition under Sections 437 & 439 of Cr.P.C. praying that in the circumstances stated in the grounds filed therein, the High Court may be pleased to direct release of the petitioners on bail pending enquiry and trail arising out of NDPSSC.No. 163/2017 on the file of the Court of I Additional District Sessions Judge at Rajamahendravaram, East Godavari District.
The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri T.Nagarjuna Reddy, Advocate for the Petitioners and of the Addl. Public Prosecutor (AP) for the Respondent, the Court made the following ORDER:
" This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioners/accused Nos.1 and 2 for grant of bail in NDPS SC No.163 of 2017 on the file of the I Additional District & Sessions Judge, Rajahmundry (arising out of Crime No.28 of 2017 of Rajavommangi Police Station, East Godavari District) registered for the offence punishable under Section 8(c) read with 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2.
Heard the learned counsel for the petitioners/accused Nos.1 and 2, learned Additional Public Prosecutor representing the respondent-State and perused the record.
3.
As per the prosecution case, 12 kilograms of Ganja was seized from the possession of the petitioner/accused No.1 and 8 kilograms of Ganja was seized from the possession of petitioner/accused No.2, under a cover of Panchanama. The quantity of Ganja seized cannot be said to be commercial quantity. The petitioners/accused Nos.1 and 2 were remanded to judicial custody on 27.06.2017. Having regard to the allegations levelled against the petitioners/accused Nos.1 and 2, they can be enlarged on bail under Section 439 of Cr.P.C. on some conditions.
4.
Accordingly, the petitioners/accused Nos.1 and 2 are ordered to be released on bail on their executing personal bonds for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties in a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Addateegala, East Godavari District. On such release, the petitioners/accused Nos.1 and 2 shall report before the Station House Officer, Rajavommangi Police Station, East Godavari District, on every Sunday between 08:00 AM and 09:00 AM, till filing of the charge-sheet.
5.
The Criminal Petition is, accordingly, allowed.
..2..
Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed."
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The I Additional District and Sessions Judge at Rajamahendravaram, E.G.District.
2. The Judicial Magistrate of First Class, Addateegala, E.G.District.
3. The Superintendent, Central Prison, Rajamahendravaram, E.G.District.
4. The SHO, Rajavommangi Police Station, E.G.District.
5. Two CCs to the Public Prosecutor (AP), High Court, Hyd(OUT)
6. One CC to Sri T.Nagarjuna Reddy, Advocate(OPUC)
7. One spare copy.
SAH
HIGH COURT Dr.SAJ DATED: 02-01-2018
ORDER
CRL.P.NO. 12693 OF 2017 BAIL GRANTED
DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 03-01-2018 HIGH COURT Dr.SAJ DATED: 02-01-2018
ORDER
CRL.P.NO. 12693 OF 2017 BAIL GRANTED