\ } IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT THURSDAY, THE TWENTY NINTH DAY OF MAY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 5680 OF 2025 Between.. E=_ RA O€¢-- E= 1. Ranjith Naik, S/o. Late Lingaraju Naik, aged about 39, N/o.Bharampur Village, Ganjam District, Odisha State, R/o. Kotha Kaluva Centre, Narayanareddypet, Nellore Mandal, SPSR NeIIore District, Andhra Pradesh, Pin-.524314. 2. Shaik Huseni Hussain, S/o. Late lbrahim, aged about 29, R/o. 9{h Street, Pragathi Nagar, SarayI' Angadi Centre, Podalakuru Road, Nellore City, SPSR Nellore DistrI-Ct, Andhra Pradesh, Pin-524004. 3. Shaik Rafi @ Gandhi, S/o Late Meera, aged about 32, R/o. 5th Street, Pragathi Nagar, Sarayi Angadi Centre, Podalakuru Road, Nellore City, SPSR Nellore DistrI'Ct, Andhra Pradesh, PI'n: 524004. 4. Pudi Vamsi Krishna, S/o. Mani, aged about 24, R/o. Jagan Anna Colony, Venkateswarapuram, NeIIore City, N/o. Kisan Nagar, Rageev Gandhi Nagar, Nellore City, SPSR NeIIore District, Andhra Pradesh, Pin-524408. .[]Petitioners/Accused No.1, 2, 3 & 5 EEi _, .EEZii 'AND The State Of Andhra PradeSh, SHOT SanthaPet Pollce Statlon, Nellore, Rep. by its PubllC Prosecutor, Hlgh Court Of Andhra PradeSh, AmaraVatl ...Respondent petltion under section 480 & 483 of BNSS, 2023, ls flled Praying that in the clrcumstances stated in the grounds filed ln support of the crlmlnal petltlon, the High Court may be Pleased tO grant A1, A2, A3 and A5 ba" On such terms and conditlons as deemed flt dlrectlng thelr enlargement ln crlme No. 90 of 2025 of SanthaPet Police Station, SPSR Nellore district. E= The petltiOn COming On for hearlng, upon PerllSlng the PetltlOn and the grounds flled in support thereof and upon hearlng the arguments of M/s Bhooma MaharShl Reddy, Advocate for the PetitlOner and Of PubllC prosecutor for Respondent, the Court made the following The Crlminal PetitlOn has been filed under Sect'lOnS 48O and 483 of the Bharatlya Nagar'lk SurakSha Sanhlta, 2023 (for brevity 'the BNSSI), seeking tO enlarge the Pet'ltiOnerS/AccllSed Nos.1 to 3 and 5 on ba" ln CrNo.90 of 2025 of SanthaPet police station, spsR Nel[ore DlstrlCt, reglStered agalnSt the pet'ltloners/Accused Nos 1 to 3 and 5 hereln and another for the 2. The case of the prosecution in nutshell is that on 23.04.2025 at 15.00 hours on the west side of the` cracker Godown, Porlukatta, Penna River, NeIIore City and-reported on the .same day at 18.30 hours. The investigating offl-cer/complainan[/Inspector of Police, Santhapet Police Station, Nellore on receiving credible information regarding illegal possession of ganja at the aforementioned location, secured the presence of mediators and Tahsildar of Nellore Urban and conducted raid and during the raid, petitioners/Accused Nos.1 to 3 and 5 and A4 were apprehended red handedly in possession of ganja at 17.45 hours and each accused was found with a packet of ganja and the total seized quantity amounted to approximately 5 kgs. The interrogation of the accused was conducted in the presence of the Tahsildar and mediators. A confessional, arrest and seizure mahazar was prepared and duly attested by the mediators and \ lr- ~= -` the Tahsildar and 50 grams of ganja was separated from each principal packet as a sample for chemical analysis. Basing on the said mahazarnama, a case in Crime No.90 of 2025 and arrested the petitioners/Al to A3 and A5, and A4 and sent them to judicial remand. 3. Heard learned counsel for the Petitioners/Accused Nos.1 to 3 and 5 and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Bhooma Maharshi Reddy, the learned counsel fOrthe petitioners/Accused Nos.1 to 3 and 5 submits that the petitioners/Accused Nos.1 to 3 and 5 have not comm'ltted any offence; petit-loners/Accused Nos.1 to 3 and 5 were falsely implicated by the police in the Crime; Petitioners/Accused Nos.1 to 3 and 5 are the sole breadwinners; petitioners/Accused Nos.1 to 3 and 5 would abide by any conditions tO be imposed by this Court; and urged to allow the petition. 5. Per cot,£ra, Ms. P. Aki'a Naidu, the learned Assistant publ'lc prosecutor, opposed in granting of .bail stating that the I _.i _Z petjtl-oners/Accused Nos.1 to 3 are the habitual offenders, involved in six other offences, some more material witnesses have to be examI'ned; investigation is not completed,- I-f the petitioners/Accused Nos.1 to 3 and 5 are enlarged on bail, they would not be available for the jnvestI-gatiOn and they would escape from the clutches of law; and urged to djsmI-SS the bail petition. 6. 6. Keeping I-n View Of the antecedents against the petjtI'Oner Nos.1 to 3/Accused Nos.1 {o 3, their specI'fiC alleged roles played in the case and the nature of allegatI-OnS levelled agaI'nSt them, the bail petition is dl'smissed against petitl-oner Nos.1 to 3/Accused Nos.1 to 3. As seen from the record, the petitioner No.4/Accused No.5 has been in the judjcI-al custody for the past 36 days. The petitioner No.4/Accused No.5 is resident of Rajeev GandhI| Nagar, Nellore city, spsR Nellore District of Andr}ra pradesh. If the petitI-Oner No.4/Accused No.5 is enlarged on bail with strl-ngent conditions, he would not flee away from the clutches of the law, and interest of the justI'Ce would be served. v _I--_=-i---. 7. However, considering the period of detention undergone by the petitioner No.4/Accused No.5 in judicial custody for more than 36 days, the nature and gravity of allegation levelled against the petitioner No.4/Accused No.5, and his alleged role in the case, this Court is inclined to enlarge the petitioner No.4/Accused No.5 oh bail with the following stringent conditions. 8. ln the result, the criminal petition against petitioner Nos.1 to 3/Accused Nos.1 to 3 is dismissed and for petitioner No.4/Accused No.5 this petition is allowed with the following conditions: i. The petitioner No.4/Accused No.5 shall be enlarged on bail subject to executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like sum to the satisfaction of the learned I-Additional District & Sessions Judge, Nellore. ii. The petitioner No.4/Accused No.5 shall appear before the Station House Officer, Santhapet Police = _-- I Station, SPSR Nellore District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner No.4/Accused No.5 shall not leave the limits of the District without prior Permission from the learned I-AddI'tiOnaI District & SessI-OnS Judge, Nellore. iv. The petitioner No.4/Accused No.5 shall not . commit or indulge in comm]-ssI'On Of any Offence l'n future. V. The petI'tiOner No.4/Accused No.5 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 No.4/Accused No.5 shall not, directly or indirectly, make any inducement, threat or promise {o any person acquainted with the facts of the case so as to dissuade him/her jpom ` _ disclosing such facts to the court or to any police officer. 9. Accordingly, the Criminal Pet'ltiOn iS Parfly A! //TRUE COPY// allowed. / sd.I-Spr`,. i¥iS. P`buS`FRl _ __-* rm irrfe§T RF`R As sl§TANT sECTl®N ®F*ati3'¥=F#- To'1. The I AddltiOnal Dlstrict & Sess'lOnS Judge, Nellore, SPSR Nellore 2. The Superintendent, Central Jail, Nellore. 3 The Station House Offlcer, SanthaPet Pollce Statlon, SPSR Nellore District. 4. One CC to M/s Bhooma MaharShi Ready, Advocate [OPUCl 5. Two CCs tOPUBLIC PROSECUTOR, High Court Of AmaraVati.[OUT] 6. One spare COPY A-I., HIGH COURT DR.YLR,J DATED : 29/05/2025 BAIL ORDER CRLP.No.5680 of 2025 PARTLY ALLOWED EREffl=En RI H REREEEE \ B ELN\\\\