IN THE H\lGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY, THE FIFTEENTH DAY OF MAY TWOTHOUSANDANDTWENTY FIVE # :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5446 OF 2025 fi¢ Between: Chu{turi Yawanth @ Moothi @ Yaswanth @ Hemanth, S/o. Kumar Raju, aged about 22 years, R/o. D.No.16-42-9, Ko±ha Jalaripeta, I Town, Visakhapatnam, Visakhapatnam District, A.P. Petitioner/Accused No.5 of,ap AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 437 & 439 of Cr.P.C./480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to enlarge the Petitioner/Accused No.5 on bail pending disposal of Crime No. 28/2025 of I Town P.S., Visakhapatnam District The petition coming on for hearingl upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri. GOLLAPALLI MAHESWARA RAO Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following: 7# E= E= £gr|se= - .zfy APHCO10263222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAG CRIMINAL PETITION NO: 5466/2025 Between: P N Sudhakar [3521] ..|PETl"ONER/ACCUSED AND The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S) Others Counsel for the Petitioner/accused: 1. D KODANDARAMI REDDY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity tthe BNSS), seeking to enlarge the petitioner/Accused No.5 on bail in Cr.No.28 of 2025 of I Town police station, visakhapatnam District registered against the petitioner/Accused No.5 herein for the offence punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for brevity {the NDPS Act]). <``- \`e rc\--A 2. The case of the prosecution, in nutshell, is that basing on the confession of Accused Nos.1 to 3 about the involvement of petitioner herein regarding` illegal possession of 6 Kgs of ganja, the police arrayed the petitioner herein as Accused No.5 and arrested him on the execution of P.T warrant dated 03.03.2025. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 4. Sri G.Maheswara Rao, learned counsel for the petitioner submits that no contraband was seized from the possession of the petitioner and only basing on the confession of other accused, petitioner was arrested; the contraband seized in this case is non-commercial quantity; petitioner was falsely i`mplicated by the police; the petitioner is languishing in judicial custody since 03.03.2025; petitioner would abide by any conditions to be imposed by this Court and urged to allow the petition. 5l Per cot,ira, Sri Neelotphal Gunj, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioner is involved in other crimes; some more material witnesses have to be examined; investigation is not comple{ed]' if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law and urged to dismiss the bail petition. 6. As seen from the record, the petitioner has been in thejudiciaJ custody \- *-d from the past 100 days and the contraband involved in jtiis Gas_e is only 6 Kgs, \ -,-I,,-,, which is non-commercial quantity; if the petitioner is enlarged on bail with stringent conditions, he 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 Petitioner in judicial custody for the past 100 days, the nature and gravity of allegation leveled against the petitioner, and his alleged role in the case, th-ls Court is inclirled to enlarge the petitioner on bail with the stringent conditions. 8. ln the result, the criminal Petition iS allowed With the following conditions: i) The petitioner shall be enlarged On bail subject to executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two ,suret'les for a like sum each tO the satisfaction of the leamed I Additional District & Sessions Judge-Gum-Special Judge for Tr'lal of Offences under NDPS Act, Visakhapatnam. ii) The petitioner shall appear before the Station House officer, I Town Police Station, Visakhapatnam District, on every saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned Trial Court. iii) The petitioner shall not leave the limits Of the District without prior permission from the learned I Additional District •--.` & Sessions Judge-Gum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. iv) The petitioner shall not commit or indulge in commission of any offence in future. v) The petitioner shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts {o the court or to any police officer. SD/-K.J.RAJA BABU //TRUE COPY// To, 1. The I Addit-lonal District & Sessions Judge -Special Judge for Trial of / Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatlnam, Visakhapatnam District. 3. The Slat-Ion House Officer, I Town Police Station, Visakhapatnam District. 4. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. One spare copy JSS .ir#` oofrat) i.:r'to._..` HIGH COURT DR.YLR, J DATED:15/05/2025 BAIL ORDER CRLP.NoI5446 of 2025 ALLOWED ` .€al'* -. A-* -i -,.I -.,.`` \*n---. - --.`..|\..-.\``. •\_^' _,)i,-_ _,._==.i, r1&;.., , a