APHC010301042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6136/2025 Between: 1. SAKE GANGANNA,, S/O SAKE NAGAPPA, AGED AROUND 55 YEARS, R/O 2-103. BALAPPAGARI PALLI QUARTERS, KADIRI, SRI SATHYA SAI DISTRICT-515591 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Through Station House Officer, Puttaparthy Urban PS., Sri Sathaya Sal Distri ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to grant Anticipatory Bail in Crime No. 76 of 2023 on the file of SHO, Puttaparthy Urban Police Station, Sri Satyasai District and to release the Petitioner/Accused No.6 herein in the event of his arrest in the interest of justice and pas Counsel for the Petitioner/accused: 1. KAVATI NARESH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The Criminal Petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections482 of the Bharatiya Nagarik Suraksha Sanhita, 2023(for brevity ‘the BNSS’), seeking to grant pre-arrest bail to the petitioner/Accused No.6 in Cr.No.76of 2023ofPuttaparthy Urban Police Station,Sri Sathya Sai District,registered against the petitioner/AccusedNo.6 herein and others for the offences punishable under Sections 20(b)(ii)(c) of Narcotic Drugs and Psychotrophic Substances Act, 1985 (for brevity ‘the NDPS Act.,’). 2. The case of the prosecution is that, on 20.7.2023, at about 08.00 am, on credible information, the Inspector of police, Puttaparthy Urban police station, along with his staff and mediators, reached T-Junction towards Kammavaripalli Route, near Prashanthi petrol bunk, Puttaparthy and found A1 to A5 in possession of 490 grams of ganja. On interrogation, A1 and A2 confessed that they purchased ganja from A6 and sold the same to A3 to A5. The contraband was seized under cover of a mediators report and a case has been registered against the accused. 3. SriK.Naresh, the learned counsel for the petitioner is aged about 55 years and basing on the confession statement of co-accused, his name was included in the F.I.R and he was falsely implicated in this caseand urged to grant pre-arrest bail to the petitioner.He further submitted that the petitioner is a HIV positive patient. 3 4. Per contra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor, opposed in granting of pre-arrest bail stating that the petitioenr is a drug peddler and he sells ganja to others and the earlier pre-arrest bail application of the petitioner was dismissed by this Court and prays to dismiss the pre-arrest bail petition. 5. Perused the record. 6. As seen from the record, this is the second pre-arrest bail application filed by the petitioner. Learned Single Judge of this Court in Crl.P.No.3791 of 2025 dismissed the pre-arrest bail application stating that the petitioner is a drug peddler and from the date of offence the petitioner is absconding. 7. Learned Assistant Public Prosecutor submits that the investigation is not completed. As per the judgment of the Hon’ble Apex Court in Dinesh Chandra vs. State of Haryana1pre-arrest bail to the accused involved in ‘the NDPS Act.,’ cases is not perse maintainable. In view of the same, there are no merits in the Criminal Petition. 8. Accordingly, the Criminal Petition is dismissed. However, on the request of the learned counsel for the petitioner and as the petitioner is a HIV positive patient which is a communicable disease, liberty is given to the petitioner to surrender before the concerned jurisdictional Magistrate Court, within 15 (fifteen) days from today, and move an application for bail and on 1 Spl. Leave to appeal (Crl.) No(s). 9540 of 2025 4 such filing of the application for bail, the concerned jurisdictional Magistrate is directed to pass appropriate orders as per law. _________________________ DR. Y. LAKSHMANA RAO, J Date: 15.7.2025 RD 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.6136 of 2025 Date:15.7.2025 RD