4 [3521] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY ,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ’O'r ilM I • :PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5982 OF 2025 Between: Parawada Surya Syam Kumar, S/o Sanyasi Rao, Age 28 years, R/o D.No. 18-141/1, Pedda Gadhii Arilova, Visakhapatnam Petitioners/Accused No.1 AND The State of Andhra Pradesh, through Station House Police Station, Visakhapatnam Rep. by Public Prosecutor Amaravati. officer. Airport . High Court at Respondent Petition under Section 437 & 439 of Cr.P.C filed praying that in the circumstances : the Criminal Petition, the High Court Petitioner/A1 on bail in connection with Cr No.35 of 2025 on the file of Airport Police Station, Visakhapatnam. and 480 & 483 of BNSS is stated in the affidavit filed in support of may be pleased to release the The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed i Sri RAMINENI SUDHEER PROSECUTOR (AP) for the Respondent and the Court in support thereof and upon hearing the arguments of Advocate for the Petitioner PUBLIC made the following. APHC010292072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5982/2025 Between: Parawada Surya Syam Kumar ...PETITIONER/ACCUSED AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: Ramineni Sudheer Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: ORDER; The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’) / Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.35 of 2025 of Airport Police Station, Visakhapatnam, registered against the Petitioner/Accused No.1 herein for the offences punishable A 2 Dr.YLR,. Crl.P.No.5982 of 2025 Dated 19.08.2025 under Section 20 (b) (ii){C) read with 8(c) of the Narcotic Drugs Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act’). and 2. The case of the prosecution is that, on 20.02.2025 at about 12:00 hours, at NAD Bus Stop towards Gajuwaka, and reported at 14:00 hours. on the same day on receiving reliable information regarding illegal possession and transportation of ganja, the Inspector of Police Airport presence of the mediators a police vehicle to the said two persons with a Nos.1 and 2 were apprehended and found in possession of a black-colored shoulder bag containing three plastic packets of hash oil weighing with mobile phones, all valued at about Rs. 1,50,000/-. Police Station, along with CTF staff, secured the mentioned in the record and proceeded in place. At NAD Bus Stop towards Gajuwaka, they found bag who, on seeing the police, attempted to flee. The Accused 3.030 kgs, along 3. Mr. Ramineni Sudheer, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and. therefore, his continued incarceration would cause undue hardship to his dependents. The strictly adhere to any conditions that petitioner undertakes to may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 3 > Dr.YLR, J Crl.P.No.5982of2025 Dated 19.08.2025 Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 4. As seen from the record, the petitioner/accused No.1 along with other accused were indulged in dealing with 3 Kgs of hash oil. Although it is commercial quantity, the petitioner has been languishing in the jail since 20.02.2025 onwards. Nearly for the past 181 days he has been in the judicial custody. Material portion of investigation is completed. All the witnesses of the prosecution are official witnesses. The petitioner is a permanent resident of Arilova, Visakhapatnam. Hence, the question of petitioner/accuse d No.1 influencing or threatening the witnesses or hampering the investigation may not arise. 5. 6. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioner/Accused No.1 and no report was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioner upto one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period. 4 Dr.YLR, Crl.P.No.5982 of 2025 Dated 19.08.2025 7. Section 36A(4) of ‘the Act’ states that if the investigation is not completed within 180 days, the petitioner/accused No.1 has right to bail, unless the Special Court extends the period an indefeasible up to one year on the report of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period. 8. Considering the period of detention undergone by the petitioner/Accused No.1 in judicial custody for the past 181 days, the nature and gravity of allegation levelled against the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions; i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned VII Additional I Class Magistrate at Visakhapatnam. ii- The petitioner/Accused No.1 shall Judicial appear before the station House Officer, Airport Police Station, Visakhapatnam every Saturday in between 10;00 cognizance is taken by the learned the Trial Court, iii. The petitioner/Accused No.1 shall not leave District without prior permission from the Station concerned. on am and 05:00 pm, till the limits of the House Officer 32^ 5 Dr.flR, J Crl.P.No.5982 of 2025 Dated 19.08.2025 The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. The petitioner/Accused No.1 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/Accused No.1 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 him/her from disclosing such facts to the court or to any police officer, vii. The petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. Accordingly, the Criminal Petition is allowed. IV. V. 9. SDI- K.SRINIVASA RAJU ASSISTANTfREGlSTRAR //TRUE COPY// SECTION OFFICER F To, 1. The VII Additional Judicial First Class Magistrates, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam 3. The Station House officer. Airport Police Station, Visakhapatnam 4. One CC to SRI. RAMINENI SUDHEER Advocate [OPUC] (AP) High Court of A.P.,Amaravati 6. One spare copy HIGH COURT DR.YLR,J DATED: 19/08/2025 BAIL ORDER CRLP.No.5982 of 2025 ALLOWED 5c M\F rts <>