'? t+-_i_ ® _ y>-t``. t-__ --+,.iL\ •! IN THE HIGH COURT OF ANDHRA PRADESH AT AMA MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA Rfiis *=:=-l.=.``\-=-I.`-` CRIMINAL PETITION Nos.-5578, 6614, 6681, 6915 & 7177 of 2025 Criminal PetI[tiOn No.5578 of 2025 Betwee n : Gollavilli Durga prasad, s/o.suri babu, Aged 21 years, R/o.D.No,1-60, `iGollapeta, Madugula KodLilru Village v.Madugula MandaI, Anakapalli. . . . Petitioners/A4 AND The State of Andhra pradesh, Rep. By I-ts Public Prosecutor, High Court of A.P., Amaravati, Through` station House Off,-cer, AnakapaIIi Town Poll-ce Station. ...Respondent petI'tjOn under Sect['ons 437 & 439 of Cr.P.C/ Under Sect[-ons 480 & 483 of BNSS praying that I-n the circumstances stated I-n the memorandum of grounds fI-led in support JOf the Criminal Petition, the High Court may be pleased to enlarge the petitioner/ A.4 on Regular Bail in connection wI-th crl'me No.51/2O25 the file of Anakapalli Town poll-ce Station, dated 25.02.2025 . The Petjtjon comI-ng On for hearI®ng, upon perusing the petI-tI-On and the memorandum of grounds filed i'n support thereof and upon hearI-ng thei` arguments of SRI PUWALA SRINIVASA RAO Advocate for the petitioner, and of PUBLIC PROSECUTOR-. for the Respondent,- /z,,, z ;:CRIMINAL PETITION NO: 6614 OF 2025: 'Between : l~| •j Gunnabhathula Santosh Kumar,-S/o Appalanaidu, Age 33 years, R/o D.No.3- !:116, Satyavaram Village, V.Madugula MandaI, AnakapallI' District. `!.` . + ...Petitioner/A2 --.AND The state ofAndhra Pradesh`, (Anakapalli Town Police Station) Rep. by the publl'c Prosecutor HI'gh Court `of Andhra Pradesh Amaravati, Guntur District. .. |Respondent/Comp[ainan± f\ _ ` I,.I... .-,I, .¢.:.. petition under sections .480 & 483 of BNSS praying that in the circumstances stated in the inemorandum of grounds filed in support of the Criminal Petition, the High Court`may be pleased to release him on regular :bal'I in connection with Crime--N`o+-.51/2025 ofAnakapalli Town Police Station. u The Petition coming on for `hearing, upon perusing the petition and the memorandum of grounds `~fi!ed+`l'n support thereof and upon hearing the arguments of SRI ARRABOLu[ SAI NAVEEN Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the Respondent; '¢` CRIMINAL PETITION NO •66'8'.1. OF 2025 Between : korubiIIi Ramanababu, S/o A-tdh'I'in NaiduJ Age 23 years, R/o D.No.1-65, Madhya Street, Water Tank, Vijayaramarajupeta village, Butchiyyapeta Mandal, AnakapallI- District I..i ' AND I I I Pet[Itioner/A3`u The State of Andhra Prad_e|sh, (AnakapaIIi Town Police Station) Rep. by the Public Prosecutor High Court of Andhra Pradesh Amaravati, Guntur District. `. -=.. ..i |*, . ..N'i FTEEasarseffgr± / L1 <b.l.. `-J{l.- .,l- ..\.. ...Respondent/complainant petition under section;,-<~480 & 483 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the 'criminal petition, the High Court may be pleased to release him on regula`r bail in connection with crimeNo.--51`/2025 ofAnakapam Town Police Station. ~` The Petition coming fd'n for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI ARRABOLU SAl~ NAVEEN Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the Respondent,® -CRIMfNAL Betwee n : 6915 aF2025 `I . ®--_,_-1< ^ .J'. I Gummala NarshI|ng @ N'arsihgatao, s/o chl'nnababu, Age 33 years, R/o D.No.3-124, Raja Veedhl', M.Koduru village, v.Madugula Mandal, AnakapallI| District. ...I ` :+i -` -I LPetitI-Oner/Ati I ,.i..I-J ,;:..`,,...-i AivD ,I The State of Andhra pradesh (Anakapallj Town police Station), Rep. by the public Prosecutor HI'gh Court ofAndhra pradesh Amaravatj, Guntur DistrI'Ct \ . `.;t. .} ~ ... Respondent/complainan€ 1 Petition under sections 480 & 483 of BNSS prayl'ng that in the cI'rCumstances stated in th+e'' ineeinorandum of grounds fI|led -in support of the'; criml'naI Petition, the Hl'gh cc)+urf may be pleased to release him on regular ba" in connection with crime No.51/2025 of Anakapalli Town police statI'On. The petition coming c;n for hearing, upon perusI|ng the Petition and th6 ±` I .memorandum of grounds fI'Ied in support thereof and upon hearing the arguments of SRI ARRABOLU SAI NAVEEN Advocate for the petitl|oner, and of PUBLIC PROSECUTOR, for the Respondent,- j Between : 1. Gunnabhathula SahtJo§h `Kumar, s/o. Appala NaI'du, aged about 33 years, R/o. D.No.3-116, _Satyavaram village, v. Madugula MandaI, Anakapalli Djstrl'ct, A.P. 2. VIjay Madhappan, s/o. Madhappan, aged about 27 years, R/o, D.No.1- 37, Dhanukaranahalli village, palacode Taluka, DharmapurI' District, Tamil Nadu state. -" |rl' 3] Aravindhan Dasan, s/o.`Dasan, aged about 31 years, R/o. D.No.3-337, Hanumandhapuram villa_ge, palacode Taluka, Karl-mangalam police I-`{'-I--i.,Jh: Station, Dharmapuri DiSt`ri.ct, Taml-I Nadu state. ~. ~ AND -"Petitioners/Accused No.2, 5,?\ The Stale of Andhra Pra'de`-s±h, Rep by its publl'c Prosecutor, High Court ofAndhra pradesh `| ...Respondent petition under sections 437 & 439 of Cr.P.C/ under sections 480 & 483 of BNSS prayI-ng that in the c!-rcumstances stated in the memorandum of grounds fI'Ied in support of the criminal PetI-lion, the HI'gh Court may be pleased to enlarge the peti't!-o'n;r6/Accused No.2, 5, 6 on ba" pendI'ng disposal of crl'me No. 51/2025 of Ariakapal" Town police station, now Anakapa"I' District. arguments of SRI Petitioners, and of made the following The petitI'On COml'ng dfi=fof'h`6a+ring, upon perusI-ng the PetitI-On and the'{ memorandum of grounds fI-led in support thereof and upon hearing the r±r^I lt-A-I-1- _ I I---I -- GOLLAPALLI MAHESWARA RAO Advocate for the- puBLIC PROSECUTOR, for the Respondent, the court: ±rs,_:( _I_{ '`,,;/ / APHCO10269152025 =TEEii±itE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE YI LAKSHMANA RAO CRIMINAL PETITION NOs: 5578. 6614. 6681. 6915 & 7177 of 2025 1. CRIMINAL PETITION NO: 5578 of 2025 Betwee n = 1.GOLLAVILLI DURGA PRASAD, S/O.SURI BABU, AGED 21 YEARS, R/O.D.NO.1 -60,GOLLAPETA,MADUGULA KODURU VILLAGE v.MADUGULA MANDAL, ANAKAPALLI. .WPETITIONER/ACCUSED AND 1.THE STATE QF ANDHRA PRADESH, Rep. By its Public Prosecutor, High Court ofA.P., Amaravati, Through Station House Officer, Anakapalli Town Police Station. .I.RESPONDENT/COIVIPLAINANT Counsel for the Petitioner/accused: 1. PUWALA SRINIVASA RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR 2. CRIMINAL PETITION NO: 6614 of 202± Betwee n : 1.GUNNABHATHULA SANTOSH KUMAR, S/O APPALANAIDU, AGE 33 YEARS, R/O D.NO.3-116, SATYAVARAM VILLAGE, V.MADUGULA MANDAL, ANAKAPALLi DISTRICT. i=--. -J\----\- 2 ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, (Anakapalli Town Police Station) Rep. by the Public Prosecutor High Court ofAndhra Pradesh Amaravati, Guntur Dl-strI'Ct. ".RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.ARRABOLU SAI NAVEEN Counsel for the Respondent/complaI-nant: 1'. PUBLIC PROSECUTOR 3. CRIIVIINAL PETITION NO: 6681 of 2025 Betwee n : 1. KORUBILLI RAMANABABU, S/O ATCHIM NAIDU, AGE 23 YEARS, R/O D.NO.1-65, MADHYA STREET, WATER TANK, VIJAYARAMARAJUPETA VILLAGE, BUTCHIYYAPETA MANDAL, ANAKAPALLI DISTRICT u.PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, (Anakapalli Town Police Station) Rep. by the Public Prosecutor High Court ofAndhra Pradesh Amaravati, Guntur District. H.RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.ARRABOLU SAI NAVEEN Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR 4. CRIIVllNAL PETITION NO: 6915 of 2025 Between : 1.GUMMALA NARSHING ALIAS NARSINGARAO, S/O CHINNABABU, AGE 33 YEARS, R/O D.NO.3-124, RAJA VEEDHl, M.KODURU VILLAGE, V.MADUGULA MANDAL ANAKAPALLI DISTRICT. 3 ...PETITIONER/ACCUSED 'AND 1.THE STATE OF ANDHRA PRADESH, Rep. by the Public Prosecutor High Court of Andhra Pradesh Amaravati, Guntur DI'StriCt H.RESPONDENT/COMPLAINANT Counsel for the petitioner/accused: 1.ARRABOLU SAI NAVEEN Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR 5. CRIMINAL PETITION NO: 7177 of 2_Q2± Between: 1.GUNNABHATHULA SANTOSH KUMAR, S/O. APPALA NAIDU, AGED ABOUT 33 YEARS, R/O. D.NO.3-116, SATYAVARAM VILLAGE, V. MADUGULA MANDAL, ANAKAPALLI DISTRICT, A.P. 2.VIJAY MADHAPPAN, S/O. MADHAPPAN, AGED ABOUT 27 YEARS, R/O. D.NO.1-37, DHANUKARANAHALLI VILLAGE, PALACODE TALUKA, DHARMAPURI DISTRICT, TAMIL NADU STATE. 3.ARAVINDHAN DASAN, S/O. DASAN, AGED ABOUT 31 YEARS, R/O. D.NO.3-337, HANUMANDHAPURAM VILLAGE, PALACODE TALUKA, KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT, TAMIL NADU STATE. H.PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh ...RESPONDENT/COMPLAINANT PetitI'On under Section 437/438/439/482 of Cr.P.C and 528 of BNSS Praying ±ha{ in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the petitioners/Accused No.2, 5, 6 on bail pending disposal of crime No. 51/2025 of AnakapaIIi Town Police Station, now Anakapalli District and to pass Coumsel for the petitiomer/accused(s): 1 I GOLLAPALLI MAHESWARA RAO -I-I-IT-- -_ \h Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These fI'Ve Criminal Petitions are heard and disposed of by this common order, as the Cr.No.51 of 2025 in the five 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 [the Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS'), seeking to enlarge the petitioners/Accused Nos. 4, 2, 3,1, 5 & 6 respectively on bail in Cr.No.51/2025 of AnakapaIIi Town Police Station registered against the petitioners/ Accused Nos. 4, 2, 3, 1, 5 & 6 herein for the offences punishable under Section 20(b)(ii)(C) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity fthe. NDPS Act'). CASE OF THE PROSECUTION: 3. The c.ase of the prosecution is that on 25.02.2025, on receipt of credible information, the Sub-Inspector of Police along with his. staff and mediators rushed to EIeru Canal, Bojjannkonda Road Junction and caught the accused in possession of 128 kgs of Ganja. The police seized the contraband, arrested the accused and remanded them to judicial custody. CONTENTIONS OF THE COUNSEL FOR THE PETITIONERS: * 5 4. Learned counsels for the petitioners, contend that the Petitioners are innocent of the alleged offence and have been falsely implicated by the police, lt is further,submitted that the petitioners are the sole earning members of the families and, therefore, their incarcerat®lon would cause undue hardship tO their dependents. The petitioners undertake to strictly adhere tO any conditions that may be imposed by this court. ln light of the foregoing subm'lssions, learned counsel prays that the present petition be allowed in the interest of juStiCe. ARGUMENTS OF THE STATE: 5. Per confra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the pet'ltioners, submitting that the investigation is still underway and several material 'w'ltnesses remain to be examined. It is contended that if the petitioners are released on baj[ at this stage, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the forego]lng submissions, it is urged that the petition be dismissed. POINT FOR CONSIDERATION: 6. In ,the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: '[Whether th.e Petitioners are entitled for grant of bail?" ANALYSIS: 7.I As seen from the record, the petitioners/Accused Mos. 4, 2, 3,1, 5 &6 were allegedly indulged in dealing with 128 kgs of ganja, which is the / -*±±**--- _ \| commercial quantity. The petitioners have been languishing in jail since 25.02.2025. Nearly for the past 189 days. This Court in Crl.P.No.4056 of 2025 dated 28.04.2025 granted bail to Accused Nos.7 & 8. 8| Learned Assistant PubII|C Prosecutor submits that remand extension Petition Was filed before the learned Judicial Court, but it was dismissed on 30.08.2025- CONCLUSION 9. ConsI'dering the perI'Od Of detention undergone by the petitioners/ Accused Nos..4, 2, 3,1, 5 & 6 in judicial custody for the past 189 days, the nature and gravity of allegations levelled against the petitioners, and their alleged role played in the case, this court is inclined to enlarge the petitioners on bail with the following stringent conditions.I i. The petitioners/Accused Nos. 4, 2, 3,1, 5 & 6 shall be enlarged on bail subject to their executing a bond for a sum of Rs.25,000/- (Rupees Twenty FI'Ve thousand Only), each with two sureties each for the like sum each to the satisfaction of the learned I Addl'tional District & Sessions Judge - Gum - special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. Thepetitioners/Accused Nos.4,2, 3,1, 5 &6shallappear before the Station House Officer concerned on every saturday in between 10:00 am and 05.loo pm, till cognizance is taken by the learned the Trial Court. 10. iiI-. The petitioners/ Accused Nos. 4, 2, 3, 1, 5 & 6 shall not leave the ll'mits of the DI|StriCt Without Prior Permission from the Stall-on House Officer concerned. iv. The petitI'OnerS/Accused Nos. 4, 2, 3,1, 5 & 6 shall not commit or indulge in commission of any offence in future. v. The petI-tiOnerS/ Accused Nos. 4, 2, 3, 1, 5 & 6 shall surrender their passports, if any, to the I-nvestigating 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. 4, 2, 3,1, 5 & 6 shall not, directly or I-ndireCtly, make any inducement, threat or promise to any 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. The CrI.P.No.7177 of 2025 against Accused No.2 is dismissed as withdrawn as Accused No.2 had already filed Crl.P.No.6614 of2025. ll. AccordI-ngly, these five criminal petitI'OnS are allowed. SD/-M,SR!Ni:v~AS //TRUE COPY// ASSISTANT REGISTRAR To, I sEC"OftZoFFreER 1. The I Additional District & sessions Judge -Gum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, visakhapatnam DistrI-Ct 2. The Superintendent, ICeritrai prison, visakhapatnam, visakhapatnam District 3. The Station House Offl'cer, Anakapalli Town Police Stall-On, AnakapaI!!o District qur)Col` one cc to SRI PUWULA SRINIVASA RAG, Advocate [opuc] one cc to SRI ARRABOLU SAI NAVEEN, Advocate [opuc] One CC to SRI. GOLLAP,ALLI MAHESWARA RAO Advocate raf" Ir,I ) HIGH COURT DR,YLR,J DATED:01 /09/2025 BAIL ORDER CRIMINAL PETITION Nos: 5578, 6614, 6681, 6915 & 7177 of2025 ALLOWED fS.SF3 ATr.