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2025 DAILYLAW 1305 (AP)

Nadipenti Bhaskara Rao v. The State of Andhra Pradesh

CRLP/11033/2025 · 2026-04-06

Y Lakshmana Rao

body2025

Judgment text

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APHC010568722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11033/2025 Between: NADIPENTI BHASKARA RAO, S/O APPALANAIDU, AGED 28 YEARS,R/O D.NO. 1-236, KANTARAM VILLAGE POST,KOYYURU MANDAL, ASR DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Judicature of Andhra Pradeshat Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.11033 of 2025 Dated 07.04.2026 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.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.2 on bail in Cr.No.27 of 2024 of Narsipatnam Rural Police Station, Anakapalli District, registered against the petitioner/Accused No.2 herein for the offences punishable under Section 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, after thorough investigation, the charge sheet has been filed. This Court, on 18.12.2025, on the submissions made by the learned counsel for the petitioner that the wife of petitioner No.2 was pregnant and was about to deliver a child, and considering the medical record, enlarged the petitioner on interim bail, as he was in judicial custody for the past 140 days by that time. The petitioner was released on interim bail and was readmitted into the Central Prison, Visakhapatnam, on 15.03.2026. Ever since, he has been in judicial custody. Altogether, he has 3 Dr. YLR, J Crl.P.No.11033 of 2025 Dated 07.04.2026 been in judicial custody for the past 162 days. The petitioner was arraigned as Accused No.2 in this case. On an earlier occasion, there was one similar adverse antecedent reported against him under the provisions of ‘the NDPS Act’. The allegation against the petitioner is that he loaded ganja in a Swift Dzire car, which transported 46.00 KGs of ganja. The seized contraband is a commercial quantity. It is important to note that the alleged offence took place on 31.01.2024. However, the petitioner, on 29.07.2025, himself surrendered before the Investigating Officer. The role of the petitioner has come on record based on the confession of Accused Nos.1 and 3. As mentioned supra, the Investigating Officer, after thorough investigation, filed the charge sheet. 4. It will take a considerable length of time for the learned Trial Court to take up the matter and dispose of the same in accordance with law. Until such time, keeping the petitioner in judicial custody would not serve any purpose. If certain conditions are imposed, the presence of the petitioner during the trial would be secured and the interest of justice would be sub- served. All the witnesses of the prosecution are official witnesses. Hence, the question of the petitioner influencing or threatening the witnesses or hampering the investigation may not arise. The petitioner is a permanent resident of Kantaram Village, Koyyuru Mandal, ASR District. He has got fixed abode. 4 Dr. YLR, J Crl.P.No.11033 of 2025 Dated 07.04.2026 5. Considering the nature and gravity of allegations levelled against the petitioner/Accused No.2, and his alleged role played in the case, this Court is inclined to enlarge the petitioner/Accused No.2 on bail with the following stringent conditions: i. The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the learned I Additional District and Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The petitioner/Accused No.2 shall appear before the learned Trial Court on each and every adjournment without fail. iii. The petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the learned Trial Court. iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.2 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 5 Dr. YLR, J Crl.P.No.11033 of 2025 Dated 07.04.2026 him/her from disclosing such facts to the court or to any police officer. 6. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 07.04.2026 RSI 6 Dr. YLR, J Crl.P.No.11033 of 2025 Dated 07.04.2026 49 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.11033 of 2025 Date: 07.04.2026 RSI