lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl TUESDAY, THE SECOND DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA R CRIMINAL PETITION NOs: 4023 AND 6611 OF 2025 CRLP.NO.4023 OF 2025: Between: Gorla Nanaji, S/o Apparao, Age 27 years, R/o Sivapuram, Narsipa{nam Town and Mandal, Anakapalli District. Petitioner/A3 AND The State of Andhra Pradesh, (Payakaraopeta Police Station) Rep. by the Public Prosecutor, High Court ofAndhra Pradesh Amaravati, Guntur District. Respondent/Complainant Petition under Section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to direct the release of the Petitioner/A-3 on Bail pending enquiry and trial in connection with Cr.No.42/2025 of Payakaraopeta P.S. The petI-lion coming On for hearing, upon perusing the PetI'tiOn and the ground,s filed in support thereof and upon hearing the arguments of sri. ARRABOLU SAI NAVEEN, Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; ;}-;,i.;ct;:;:iu;..-rg1_i? CRLP.NO 66ll OF 2025: Between I- 1. Dunga Manikyam, S/o. Chakkarrarao, Age 44 years, R/o. GuntupaIIi Village, Payakaraopeta Mandal, Anakapalli DistrI'Ct. 2. Palika Lova Raju, S/o. Tata Rao, Age 28 years, R/o. Sanja Nagar, DI'aryform Center, Kakinada Urban Town and District. ..IPetitjoners/A1 & 4 AND The State of Andhra Pradesh, (Payakaraopeta police Station) Rep. by the Publl'c Prosecutor, High Court ofAndhra Pradesh Amaravati, Guntur District. Respondent/complainant Petition under section 480 & 483 of BNSS., is filed prayI'ng that I-n the circumstances stated in the grounds filed I-n Support Of the PetI'tiOn, the High Court may be pleased to direct the release of the petitioners/A-1 & 4 on Bail PendI'ng enquiry and trial l'n connection with cr.No.42/2025 of Payakaraopeta P.S. The petitI'On coming On for hearing, upon perusing the Petl-lion and the grounds filed in support thereof and upon hearing the arguments of sri. ARRABOLU SAI NAVEEN, Advocate for the petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following COMMON ORDER: Dr. YLR, I Crl.P.Nos.4023 & 6611 of 2025 Dated 02.09.2025 APHCO10190482025 a"I H lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 4023 and 6611 of 2025 1. CRIMINAL PETITION NO: 4023/2025 [3521] Between : GORLA NANAJlu S/O APPARAO, AGE 27 YEARS, R/O SIVAPURAM, NARSIPATNAM TOWN AND MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, (Payakaraopeta Police Station) Rep. by the Public Prosecutor High Court ofAndhra Pradesh Amaravati, Guntur District. ".RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: ARRABOLU SAI NAVEEN Counsel for the Respondent/complainant: PUBLIC PROSECUTC)R 2. CRIMINAL PETITION NO: 6611/2025 + Between : 1.DUNGA MANIKYAM, S/O CHAKKARRARAO, AGE 44 YEARS, R/O GUNTUPALLI VILLAGE, PAYAKARAOPETA MANDAL, ANAKAPALLI DISTRICT 2.PALIKA LOVA RAJUu S/O TATA RAO, AGE 28 YEARS, R/O SANJA t±= NAGAR, DIARYFORM CENTER, KAKINADA lj`RBAN TOWN AND i.,--jHJ=i-.a _ _ _ _ 2 Dr. YLR, J CrI.P.Nos.4O23 & 6611 of 2025 Dated 02.O9.2025 DISTRICT. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep. by the Public Prosecutor High Court of Andhra Pradesh Amaravati, Guntur District ..IRESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): ARRABOLU SAI NAVEEN counsel for the Respondent/complainant:I PUBLIC PROSECUTOR The Court made the fo[iowing: COIVIIVION ORDER= These two Criminal Petitions are heard and disposed of by this common order, as the Cr.No.42 of 2025 in the two cases is one and the same. 2. These Criminal Petitions have been filed under Sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity fthe Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [{he BNSS'), seeking to enlarge the petitioners/Accused Nos.1, 3 and 4 respectively on bail in Cr.No.42/2025 of Payakaraopeta Police Station, Anakapalli District, registered against the petitioners/Accused Nos.1, 3 and 4 herein for the offences punishable under Section 20(b)(ill)(C) read with 8 (c) of the Narcotic Drugs and Psycho{ropic Substances Act,1985 (for brevity [the NDPS Act'). _*13 pri Qua '\= --I_-_* Dr. YLR, J CrI.P.Nos.4023 & 6611 of 2025 Dated 02.09.2025 3. The case of the prosecution is that on 21.02.2025, on receipt of credible information, the Sub-Inspector of Police along with his staff and mediators rushed to cashew nut lope, Sudikonda Hillock, outskirts of Peddipalem Village, Payakaraopeta Mandaland caught the accused Nos.1 to 5 in possession of 600 kgs of Ganja. The police seized the contraband, arrested the accused Nos.1 to 5 and remanded them to judicial custody. Basing on their extra confession, the police reached beside Swagath Grand Hotel, P.L.Puram Village, Payakaraopeta Mandal and arrested Accused Nos.6 to 8. 4. Mr. Arrabolu Sa'I Naveen, the learned counsel for the petitioners, contend that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. ]t is further submitted that the petitioners are the sole earning members of the tamil-les and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 5. Per cot,fro, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still undervay and several material witnesses remain to be examined. lt is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering I I 4 Dr. YLR, J Crl.P.Nos.4023 & 6611 of 2025 Dated O2.09.2025 the ongoing investigation and evading the process of law. ln view of the foregoing submissions., i{ is urged that the petition be dismissed. 6. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 7. As seen from the record, the petitioners/Accused Nos.1, 3 and 4 were allegedly indulged in dealing with 600 kgs of ganja, which is not only a commercial quantity but also a colossal quantity. The petitioners have been languI'Shing in jail since 21..02.2025. Nearly for the past 192 days they have been in the judicial Custody. 8. Learned Assistant Public Prosecutor submits that the petitions filed before the learned Trial Court for seeking extension of remand of the petitioners were fI-led, but they Were dismissed. 9. Section 36A(4) of fthe NDPS Actl states that if the investigation is'not completed within 180 days, the petitioners/Accused Nos.1, 3 and 4 has 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 inves{I'gatiOn and specific reasons for the detention Of the accused beyond the initial period. 10. Considering the period of detention undergone by the petitioners/Accused Mos.1, 3 anc] 4 in judicial custoc!y for the past 192 days, the nature and gravity of allegations levelled against the petitioners, and their `-I- + i . ` - __.+. .±.c2 -'J,i Dr. YLR, J Crl.P.Nos.4023 & 6611 of 2025 Dated 02_09.2025 alleged role played in the case, this Court is inclined to enlarge the petitioners on ba-ll with the fo[[owing stringent conditions: i. The petitioners/Accused Nos.1, 3 and 4 shall be enlarged on bail subject to their executing a bond for a sum of Rs.50,000/- (Rupees F'lfty thousand only), each with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Yellamanchili. ii. The petitioners/Accused Nos.1, 3 and 4 shall appear before the Station House Officer concemed on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.1, 3 and 4 shall not leave the limits of the District without pr'lor perm-ISSiOn from the Station House Officer concerned. iv. The petitioners/Accused Nos.1, 3 and 4 shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.1, 3 and 4 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the investigating officer; and vi. The petitioners/Accused Nos.1, 3 and 4. shall not, directly or indirectly, make any inducement, threat or promise to any i------ 6 Dr. YLR, J Crl.P.Nos.4023 & 6611 of 2025 Dated O2.09.2025 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- ll. Accordingly, these two CrI-minaI Petitions are allowed. //TRUE COPY// SD/-G.HELANAl_nU; ASSISTANT REGISl-F`?`AR SECTloftloFFICER To, 1. The Additional Judicial Magistrate of First Class, Yellamanchili. 2. The I Additional District & Sessions Judge-Gum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 3. The Superl-ntendent, visakhapatnam central prison, visakhapatnam District. 4. The Station House Officer, Payakaraopeta police Station, Guntur District. 5. One CC to Sri. ARRABOLU SAI NAVEEN, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 7. One spare copy JSS I LJ ûË Ëi I 1442 I --is wiSii5% + + + \ r HIGH COURT DR.YLR, J DATED : 02/09/2025 BAIL OR'DER CRIMINAL PETITION NOs: 4023 AND 6611 OF 2025 ALLOWED |> #es5 I 3 I:EP qua