IN THE HIGH COURT OF ANDHRA PRADESH AT ANIARA VA,.Lha WEDNESDAY ,THE THIRD DAY OF SEPTEMBER :;\t`t::iij I.-.y; TWO THOUSAND AND TWENTY FIVE :PRESENT.I :)//. :.,,.i;i;3,5*,,_ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO J I CRIMINAL PE"TION NO: 3630 OF 2025 Between : KondapaIIi Pinnayya, s/o.Late chinnayya, Aged 34 years R/o Sanguloya village, Luvvalj Panchayat, G.Madugula MandaI, AIIurI-Sjtarama Raju DistrI-Ct] I . . Petitio ner/A2 AND The state of A.P, Rep. By I-tS Public prosecutor, HI-gh Court of A.P., AmaravatI-, Through station House officer, Gangraju poll-ce Station. ...Respondent petitI'On under Sections 480 & 483 of BNSS/ Under Sections 437 & 439 of cr.p.c, praying that in the circumstances stated in the memorandum of grounds filed jn support of the criminal petjtjon, the High Court may b6 pleased to enlarge the petitioner/ A.2 on Regular Ba" in connection with crime No.07/2025 on the file of Gangaraju police station, Alluri Sitarama Raju DistrI'Ct. dated,'28.O2.2025. The Petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the+- arguments of SRI PUWALA SR!NIVASA RAO Advocate for the petI'tl-Oner, and of PUBLIC PROSECUTOR, for the Respondent, the court made the;I r || following ORDER: This Criminal Petit-Ion has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to`enlarge the petitioner- accused No. 2 on bail in crime No. 7 of 2025 of GangarajlI Police Station, AIIuri Sitharama Raju District, registered for the offences punishable under Section 111 (2) (b) of the Bharatiya Nyaya Sanhita, 2023, and Section 20 (b) I(ii) (C) read with Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution is that on 28-02-2025 at about 7 a.m. at Urumu Junction, G. Madugula Mandal, AIIuri Sitharama Raju District, the petitioner- accused No. 2 was found and arrested while he was in possession of 250 K.Gs. of Ganja. lt is the fu'rther case of prosecution that accused No. 1 escaped from the scene . 3. Sri K.Naresh, learned counsel for the petitioner, contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police, It is further submitted that the petitioner is thgttso[e earning ``sJ member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any,conditions that may be imposed by this Court. ln light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per confra, Ms. Akhila NaI-du, learned Assistant Public Prosecutor, vehemently opposed the grant of baI'I to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, jt is urged that the petition be dismissed. 5. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record. 6. As per the case of prosecution, the allegation against the petitioner- accused No. 2 is that he along with other accused indulged in dealing with 250 K.Gs, of Ganja. The petitioner was arrested on 28-02-2025. He has been in .\ judicial custody for the past 188 days. The petitioner is permanent resident 6f Sanguloya Village, Luvvali Panchayat, G. Madugula Mandal, AIIuri Sitharama Raju District. A petition, seeking extension of remand, was filed before learned trial •!9urt but the same was dismissed on 29-08-2025. All the witnesses are official witnesses. PrI'me POrtiOn Of the I'nVeStigatiOn iS completed. Material witnesses have been examined. Therefore, the chances of the petitioner threatening the witnesses or hampering the investigation or tampering the evidence may not arise. 7. Considering the-facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioner-accused No. 2 and the period of judicial detention of the petitioner-accused No. 2, this Court is inclined to enlarge him on bail with the following stringent conditions: (i) The petitioner-accused No. 2 shall be enlarged on bail subjectto his executing a bond for a sum of Rs.50,000/- (Rupees fI'fty thousand only) with two sureties for the like sum each to the satisfaction of learned I Additional District and Sessions Judge - cwm - Special Judge for trial of offences under NDPS Act, Visakhapatnam; (ii) The petitioner-accused No, 2 shall appear before the Station House Officer concerned on every Saturday in between 10 a.m. and 5 p.m. till cognizance is taken by learned the trial Court; (iii) The petitioner-accused No. 2 shall not leave the limits of the district wj{hout prior permission from the investigating officer until the charge sheet is filed; (iv) The petI'tiOner-accused No. 2 shall not commit or indulge in commission of any offence in future; (v) The petitioner-accused No. 2 shall cooperate with the investigating officer in further investigation of the case and shall -I__=^ /i_ r` `_ make himself available for interrogation by the investigating officer as and when required; (vi) The petitioner-accused No. 2 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted wI-th the facts Of the Case SO aS tO dissuade him/her from disclosing such facts to the court or to any police officer; and (vii) The petitioner-accused No. 2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the investigating officer. 8. The criminal petition is accordingly allowed. //TRUE COPY// SD/-M.SRINIVAS ASSIS SEC.Tl T REGISTRAR FFICEP\ To71 The I AddltlOnal Dlstnct & Sess'[onS Judge -Gum-Special Judge for Trla! of offences under NDPS Act, VisakhaPatnam. 2. The Superintendent, Central Prison, VisakhaPatnam. 3. The Station House Officer, Gangaraju Police Station, Allurisitharama Raju District 4 One CC to SRl. PUWALA SRINIVASA RAO Advocate [OPUC] 5 Two CCs to PUBLIC PROSECUTOR, Hlgh Court of Andhra Pradesh [OUT] 6a One spare COPY HIGH COURT DR.YLR,J DATED: 03/09/2025 BAIL ORDER CRLP.No.3630 of 2025 ALLOWED