lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: /~~ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO , CRIMINAL PETITION NO: 4100 OF 2025 Between : 1. Budura Khl-Ia, S/o. Deba Khila, aged about 32 years, R/o. Panasagondi Village, Badpadar Panchayat, Chitrakonda BIock, Malkangiri District, Odisha State. 2. Singu Khila, S/o. Late Lacha Khila, aged about 30 years, R/o. Boradabonda Village, Badpadar Panchayat, Chitrakonda Block, Malkangiri District, Odisha State. ...Petitioners/Accused No.3, 5 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent,,-~ Petition under Section 480 & 483 of BNSS (old Section 437 and 439 of Cr.P.C.) is filed praying that in the cI'rCumStanCeS Stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to enlarge the petitioners/Accused No.3, 5 on bail pending disposal of Crime No.62/2024 of Pedabayalu P.S., now Al'uri Sitharama Raju District. 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 GOLLAPALLI MAHESWARA RAO Advocate for the PetI'tiOnerS, and Of PUBLIC PROSECUTOR for the Respondent, and the Court made the following ORDER: EE-, 7 ORDER: Dr.YLR,J Crl.P.No.4100 of 2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4100 of 2025 The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya N'agarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking to enlarge the petitioners/Accused Nos.3 and 5 on bail in Cr.NoI62 of 2024 of pedabayalu police station, now Alluri Sitharama Raju District, .registered against the petitioners/Accused Nos.3 and 5 herein for the offences punishable under Section 111(2)(b) of the Bharatiya Nyaya Sanhitha' (for brevity lthe BNS') and Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity lthe NDPS Act'). 2. The case of the prosecution in nutshell is that on 15.12.2024 at 04.30 p.m, on credible information, the Sub-Inspector of Police, Pedabayalu Police I Station, now AIIuri Sitharama Raju District, along with his staff reached near Sampangiput Village main road, Seethagunta Panchayat and found A3 and A5 I'n possession Of ganja Of 100 kgs. The police arrested the accused and seized 100 KGs of ganja from their possession under cover of panchanama. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. a,.I-, `\ L= 3 Dr_YLR,J Crl.P.No.4100 of 2025 4. I Sri G.Maheswara Rao,-learned couns'el for the petitioners, submits that the petitioners have not committed any offence; petition.ers were falsely implicated by the police in the crime; petitioners are the sole breadwinners; petitioners would abide by any conditions to be imposed by this Court; and urged to tallow the petition. 5. Per confra, learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioners are habitual, offenders, some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and would escape from the clutches of law; and urged to dismiss the bail petition. 6. As seen from the record, the petitioners have been in the judiciaI` t custody since 15.12.2024. The petitioners are residents of Chitrakond Block, Malkangirj-District of Odisha State. If the petitioners are enlarged on bail with stringent conditions, they 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 petitioners in judicial custody for more than 180 days, the nature and gray.ity of allegation leve[[ed against the petitioners, and their alleged role i\n`the case, this court is inclined to enlarge the petitioners on bail with the following stringent -es.F :-=9 conditions. a-.b I.i I,I Dr.YLR,J crl_p.No.4100 of 2025 8. ln the result, the Criminal Petition iS allowed With the fOllOiving co-nditions-I. i. The petitioners/A3 and A5 shall be enlarged On ba" SubjeC.I tO their executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand `only) each, with two sureties each for the like sum each to the satisfaction of the learned I Add'lt'lonaI District and sessions Judge-Gum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The petitioners/A3 and A5 shall appear before the Station House Officer, Pedabayalu Police Station, Alluri Sitharama Raju District, on' every Saturday in between 10:00 am and O5'.00 pm, till cognizance is taken by the learned the Tr'lal Court. iii. The petitioners/A3 and A5 shall not leave the limits Of the District without Prior Permission from the learned I Addition'al District and Sessions Judge-Gum-Special Judge for Tr'lal of offences under NDPS Actl Visakhapatnam. iv. The petitioners/A3 and A5 shall not commit Or indulge in commission ,of any-offence in future. v. The petitioners/A3 and A5 shall cooperate With ,the investigatin'g officer in further investigation of the case and shall - 5 Dr.YLR,J crl.p.No.4100 of2025 make themselves available for interrc}gation by the investigatirlg officer as and when required. vi. The petitioners/A3 and A5 shall not, directly or indirectly, make any inducement, threat or promise to any person I 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. Sd./- sK,; i@¢¥Do R£.-S. ,I--_ i' //TRUE COPY// F.or/__ _ SEC"ON OFfr-!C:El#i. To, 1. The Station House Officer, Pedabayalu P.S., now AIIuri S'ltharama Raju District| 2'. The I Additional District and Sessions judge-Gum-Special for Trial Of Offences under NDPS Act, Visakhapatnam. 3. The Superintendent, Central Jail, Visakhapatnam. 4, One CC to SRI. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra PradeSh- [QUT] 6| One spare copy \ KN _-----+--=-ex€i==i=i-. ---_ -- i / HIGH COURT DR.YLR,J DATED: 19/06/2025 ORDER CRLP.No.4100 of 2025 ALLOWED ±'1 frJ¢-b-,