IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6657 OF 2025 Between: 1. Bantupalli Kalyan, S/o. Narayana Swamy, aged about Banda Meedha Palli Village, B. Kothakota Mandal presently residing At B. Kothakota Village and Mandal District, A.P. 28 years, R/o. Annamayya District, Annamayya 2. Patnam Suresh, S/o. Subramanyam, aged about 27 years, R/o. Madanapalle Village and Mandal, Annamayya District 3. V Gowtham, S/o. C. Venkateshappa, aged about 37 years, R/o. Keelukote, Kolar District, Karntaka State A.P. ...Petitioners/Accused No.1 to 3 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, of Andhra Pradesh High Court ..Respondent Petition under Sections 437 & 439 of Cr.P.C & 483 of BNSS, Under Sections 480 & praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, pleased to enlarge the Petitioners/Accused No. the High Court may be 1 to 3 on bail pending disposal of Crime No.43/2025 of Rolugunta P.S., Anakapalli District. The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds fiied in support thereof and upon hearing the arguments of SRi BALABHADRUNI MANOHAR, Advocate for the Petitioners and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following '^Lim 2 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.1 to 3 on bail in Cr.No.43/2025 of Rolugunta Police Station, Anakapalli District, registered against the petitioners/Accused Nos.1 to 3 herein for the offence punishable under Sections 20(b)(ii)(c) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Material averments stemming from the prosecution are that on 28.05.2025, the Sub-Inspector of Police, Rolugunta Police Station, received credible information regarding the unlawful possession and transportation of contraband substance, namely ganja. Acting upon the said information, the Sub-Inspector secured the presence of independent mediators and proceeded to Konthalam Village Junction to conduct vehicular checks. During the course of the operation, the police party observed one Innova car approaching the junction at high speed. Upon sighting the police personnel, the driver of the said vehicle abruptly halted and attempted to flee by turning the vehicle in the opposite direction. The Sub-Inspector, with the assistance of his staff, successfully intercepted and apprehended the occupants of the vehicle hereinafter referred to as Accused Nos. 1 to 3. Upon preliminary interrogation the accused disclosed their respective address particulars. Pursuant to their confessional statements, a quantity of 20 kilograms of ganja was recovered 3 ' and seized from their possession, under the cover of a mediators’ report accordance with due procedure. in 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. Sri Baladhadruni Manohar, learned counsel for the petitioners submits that the petitioners have not committed any offence; petitioners were falsely implicated by the police in the crime; petitioners are the sole breadwinners; petitioners would abide by any conditions to be imposed by this Court; the Petitioners have got fixed abode, hence, if any condition is imposed while granting the bail. Petitioners would not violate it; and it is urged to allow the petition. 4. Per contra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the petitioners were enlarged on bail, they would not be available for the investigation and Petitioners may threaten the witnesses; they would escape from the clutches of law; and urged to dismiss the bail petition. 5. Be that as it may, the petitioners have been in the judicial custody for the past 78 days, they were arrested on 28.05.2025 on the allegation that they were allegedly dealing with 20 kgs of Ganja which is not a commercial quantity. The prosecution submits that there are no adverse antecedents against the petitioners. Custodial interrogation of the Petitioners is not 6. 4 required as the period of first fifteen days for custodial interrogation of the Petitioners is also expired. The petitioners have got fixed abode. They permanent residents of B.Kothakota Village and Mandal, Annamayya District and Madanapalle Village and mandal, Annamayya District and Keelukote, Kolar District, Karnataka State respectively. are 7. Considering the nature and gravity of allegation levelled against the petitioners, their alleged role played in this case, and the period of detention undergone by the petitioners, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: The petitioners/Accused Nos.1 to 3 shall be enlarged bail subject to them executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam. The petitioners/Accused Nos.1 to 3 shall appear before the Station House Officer, Rolugunta Police Station, Anakapalli 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 petitioners/Accused Nos.1 to 3 shall not leave the limits of the District without prior permission from the Station House Officer concerned. I. on II. The petitioners/Accused Nos.1 to 3 shall not commit or IV. indulge in commission of any offence in future. 5 The petitioners/Accused Nos.1 to 3 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required, vi. The petitioners/Accused Nos.1 to 3 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 petitioners/Accused Nos.1 to 3 shall surrender their V. passports, if any, to the investigating officer. If they claim that they do not have a passport, they.shall submit an affidavit to that effect to the Investigating Officer. Accordingly, the Criminal Petition is allowed. 8. SDI- G.HELANAIDU ASSISTANT REGISTRAR SECTIO^GFFICER i //TRUE COPY// For i To 1. The I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District 2. The Additional Judicial First Class Magistrate, Narsipatnam. 3. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District 4. The Station House Officer, Rolugunta Police Station, Anakapalli District. 5. One CC to SRI. BALABHADRUNI MANOHAR, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 7. One spare copy PSR DR.YLR,J DATED: 14/08/2025 BAIL ORDER CRLP.No.6657 of 2025 ALLOWED ti AUG Im mil H: