IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521] THURSDAY ,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA(E) CRIMINAL PETITION NO: 4038 OF 2025 SfJ- 0 ji*- Between: 1. Chikkudu Bheemanna, S/o. Krishna Rao, aged about 32 years, R/o. Chilakalamamidi Village, Solabam Post, G. Madugula Mandal, Alluri Sitharama Raju District, Now residing at Inapatheegala Village, Ginnelakota Panchayat, Pedabayalu Mandal, Alluri Sitharama Raiu District, A.P. 2. Killo Srinu, S/o. Nageswara Rao, aged about 21 years, R/o. Chilakalamamidi Village, Solabam Post, G. Madugula Mandal, Alluri Sitharama Raju District. 3. Vanthala Chitti Babu, S/o. Chiranjeevi, aged about 31 years, R/o. Goddugurralabanda Village, Pedalochali Post, G. Madugula Mandal Alluri Sitharama Raju District. Petitioner/Accused AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.1 to 3 on bail pending disposal of Crime No.03/2025 of, G. Madugula P.S., now Alluri Sitharama Raju District COUNSEL FOR THE PETITIONER ; Sri. Gollapalli Maheswara Rao COUNSEL FOR THE RESPONDENT : Public Prosecutor THE COURT MADE THE FOLLOWING ORDER 2 Dr.YLR, J Crl.P.No.4038 of 2025 Dated 14.08.2025 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 petitioners/Accused Nos.1 to 3 on bail in Cr.No.03 of 2025 of G. Madugula Police Station, Alluri Seetharamaraju District, registered against the petitioners/Accused Nos.l to 3 herein for the offences punishable under Sections 20(b)(ii)(C) r/w 8(c) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Provenance of the case of the prosecution is that on 10.02.2025 at 2. about 08.00 hours, on credible information about illegal transportation of Ganja, the complainant along with his staff and mediators proceeded to G.M.Kothuru Junction, G. Madugula Mandal, wherein the Accused Nos.l to 3 were found in possession of 60 KGs of Ganja worth of Rs.3,00,000/- in three white colour plastic bags. A case has been registered against the accused and the contraband was seized under the cover of mediators report. Heard the learned counsel for the petitioner and the learned Assistant 3. Public Prosecutor. Perused the record. 3 Dr.YLR, J Crl.P.No.4038 of 2025 Dated 14.08.2025 4. Sri G. Maheswara Rao, learned counsel for fhe petitioners submits that the petitioners have not committed any offence; petitioners are innocent; petitioners were falsely implicated, they would abide by any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. 5. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public Prosecutor, submits that 60 Kgs of Ganja was found in the possession of the petitioner, valued at Rs.3,00,000/-; fhe investigation is underway and he urged the Court to pass appropriate orders in view of the completion of the statutory period in judicial custody by the petitioners. On perusal of the record, the petitioners were arrested on 10.02.2025 and ever since they have been in the judicial custody for more than 180 days. The petitioners are permanent residents of Chilakalamamidi Village, G. Madugula Mandal of Alluri Sitharamaraju District. 6. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioners/Accused No.1 to 3 and no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioners upto one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period. 7. 4 Dr.YLR, J Crl.P.No.4038 of 2025 Dated 14.08.2025 8. Section 36A(4) of ‘the Act’ states that if the investigation is not completed within 180 days, the petitioners/accused Nos.1 to 3 have an indefeasible right to bail, unless the Special Court extends the period up to one year on the report of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period. In view of the nature of the allegations levelled against the petitioners in the complaint and the period of detention undergone by them in judicial custody, this Court is inclined to enlarge the petitioners on bail with strict 9. conditions. 10. In the result, the Criminal Petition is allowed with the following conditions; i. The petitioners/Accused Nos.1 to 3 shall be enlarged on bail subject to each of them executing a personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the learned I Additional District & Sessions Judge, Visakhapatnam. The petitioners/Accused Nos.1 to 3 shall appear before the Station House Officer, concerned, on Saturday once in two 5 Dr.YLR, J Crl.P.No.4038 of 2025 Dated 14.08.2025 weeks in between 10.00 a.m., and 05.00 p.m., till the conclusion of the Trial. iii. The petitioners/Accused Nos.1 to 3 shall not directly indirectly influence of threaten or meet the witnesses including the de-facto complainant. or SDI- M.SRINIVAS ASSISTANT E©l^STRAR SECTION OFFICER //TRUE COPY// For To, 1. The I Additional District & Sessions Judge , Visakhapatnam 2. The superintendent, Central Prison, Visakhapatnam 3. The Station House officer, G. Madugula P.S., now Alluri Sitharama Raju District 4. One CC to 5. Two CCS to PUBLIC PROSECUTOR, High Court of A.P[OUT] 6. One spare copy SRI. GOLLAPALLl MAHESWARA RAO Advocate [OPUC] ■ HIGH COURT DR.YLR.J DATED:14/08/2025 BAIL ORDER CRLP.No.4038 of 2025 ALLOWED