Andhra Pradesh High Court – Amravati
Gurram Suresh vs The State Of Andhra Pradesh on 25 June, 2025
APHC010195972025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 4129/2025
Between:
1. GURRAM SURESH, , S/O. NARASAIAH, AGED 34 YEARS, R/O.
PAIDICINTALAPALII DARMARAM MANDAL,PEDHAPALLI DISTRICT,
TELANGANA STATE.
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, High Court of Andhra Pradesh,
Amaravati Through Station House Officer, Mothugudem Police Station
East Godavari District. Andhra Pradesh
...RESPONDENT/COMPLAINANT
The Court made the following:
ORDER:
The Criminal Petition has been filed under Sections 437 and 439 of the
Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’) and under
Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.5 on bail in
Cr.No.02 of 2025 of Mothugudem Police Station, Alluri Sitharama Raju District
registered against the petitioner/Accused No.5 herein for the offence
2
punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act‘).
2. The case of the prosecution in nutshell is that on 26.01.2025 at about
14:15 hours, near Mothugudem Police Station, Chintoor Mandal, a case of
illegal possession and transportation of ganja for wrongful gain was reported.
During vehicle checking, the Sub-Inspector of Mothugudem Police Station
intercepted two vehicles, a Maruti Ertiga bearing No.TS 22 4715 and an Ashok
Leyland Van bearing No.TG 22 T 1003, coming from Donkarai side. Accused
Nos.1 and 3 to 7 were apprehended while allegedly transporting 126 kgs of
ganja in five plastic bags, valued at Rs.6,30,000/-, from Pedagandi Village in
GK Veedhi Mandal to Peddapalli District, Telangana. Accused No.5, Gurram
Suresh, was identified as the source and transporter, while Accused No.6 and
No.7 were consumers. Accused No.2 remains absconding. The police seized
the contraband along with seven touchpads, two keypad mobiles, and Aadhar
card Xerox copies from the accused. A case was registered accordingly, and
the arrested persons were remanded to judicial custody.
3. Heard learned counsel for the petitioner and the learned Assistant
Public Prosecutor. Perused the record.
4. Sri Prasannala Kancharla, the learned counsel for the petitioner submits
that the petitioner has not committed any offence; petitioner was falsely
implicated by the police in the crime; petitioner is the sole breadwinner;
petitioner would abide by any conditions to be imposed by this Court; and
urged to allow the petition.
3
5. Per contra, Mr. Neelotphal Ganji, the learned Assistant Public
Prosecutor, opposed in granting of bail stating that some more material
witnesses have to be examined; investigation is not completed; if the
petitioner is enlarged on bail, he would not be available for the investigation
and he would escape from the clutches of law; and urged to dismiss the bail
petition.
6. As seen from the record, the petitioner has been in the judicial custody
for the past 150 days. There are no similar adverse antecedents reported
against the Petitioner. The petitioner is the resident of Paidicintalapalli
Darmaram Mandal, Pedhapalli District of Telangana State. If the petitioner is
enlarged on bail with stringent conditions, he would not flee away from the
clutches of the law, and interest of the justice would be served.
7. Keeping in view of the period of detention undergone by the petitioner in
judicial custody for more than 150 days, the nature and gravity of allegation
levelled against the petitioner, and his alleged role in the case, this Court is
inclined to enlarge the petitioner on bail with the following stringent conditions.
8. In the result, the Criminal Petition is allowed with the following
conditions:
i. The petitioner shall be enlarged on bail subject to them
executing a personal bond for a sum of Rs.25,000/- (Rupees
twenty five thousand only), with two sureties each for the like
sum each to the satisfaction of the learned Judicial First Class
Magistrate, Rompachodavaram.
4
ii. The petitioner shall appear before the Station House
Officer, Mothugudem Police Station, Alluri Sitharama Raju
District, on every Saturday in between 10:00 am and 05:00 pm,
till cognizance is taken by the learned the Trial Court.
iii. The petitioner shall not leave the limits of the District without
prior permission from the learned Judicial First Class Magistrate,
Rompachodavaram.
iv. The petitioner shall not commit or indulge in commission of
any offence in future.
v. The petitioner shall cooperate with the investigating officer
in further investigation of the case and shall make themselves
available for interrogation by the investigating officer as and
when required.
vi. 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/her from disclosing such
facts to the court or to any police officer.
________________________
Dr. Y. LAKSHMANA RAO, J
Dt:25.06.2025
VTS