IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4159/2025 Between: Palaka Akash Podugu Akash ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: BANDI PRAVEENA Counsel for the Respondent/complainant(S): PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of "Bharatiya Nagarik Suraksha Sanhita, 2023" (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accused No.2 on bail in Cr.No.33 of 2025 of I Town Police Station, Visakhapatnam, registered against the petitioner/Accused No.2 herein for the offence punishable under Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 Dr. YLR, J Crl.P.No.4159 of 2025 Dated 29.04.2025 2. The case of the prosecution is that on 21.02.2025, the petitioner and the Accused No.1 were found in possession of 2 Kgs of Ganja. Accused No.1 was apprehended by the police, whereas the petitioner/ Accused No.2 escaped from the scene of offence. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. The learned counsel for the petitioner submits that the petitioner has not committed any offence; he is sole breadwinner of his family; he would abide by any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. 4. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, argued that the investigation is not completed and the petitioner was involved in four ‘BNS’ offences and he is a rowdy sheeter, and urged to dismiss the bail application. 5. On perusal of the record, the Accused No.1 and the petitioner/Accused No.2 were found in possession of 2 Kgs of Ganja; Accused No.1 was apprehended whereas the petitioner/Accused No.2 was escaped. The petitioner has been in the judicial custody since 68 days. Even though, it is reported that the petitioner was indulged in four 3 Dr. YLR, J Crl.P.No.4159 of 2025 Dated 29.04.2025 I.P.C., offences and rowdy sheet was opened against him, it is not reported that the petitioner has committed similar offences under provisions of ‘the NDPS Act’. Therefore, I am inclined to enlarge the petitioner on bail with stringent conditions. Interest of justice would be sub served. 6. In the result, the criminal petition is allowed with the following conditions: i. The petitioner 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 each for the like sum each to the satisfaction of the learned Chief Judicial Magistrate, Visakhapatnam. ii. The petitioner shall appear before the Station House Officer, I Town Police Station, Visakhapatnam, on every Saturday in between 10:00 am and 05:00 pm till the cognizance is taken. iii. The petitioner shall not leave the limits of Visakhapatnam City without prior permission from the learned Chief Judicial Magistrate, Visakhapatnam. 4 Dr. YLR, J Crl.P.No.4159 of 2025 Dated 29.04.2025 iv. The petitioner shall not directly or indirectly influence or threaten or meet the witnesses. The petitioner shall not commit or indulge in similar kind of offences. v. The petitioner shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him. _________________________ DR. Y. LAKSHMANA RAO, J Date: 29.04.2025 RSI 5 Dr. YLR, J Crl.P.No.4159 of 2025 Dated 29.04.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.4159 of 2025 Date: 29.04.2025 RSI