APHC010269152025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 5578 1. CRIMINAL PETITION NO: 5578of 2025 Between: 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. 1. THE STATE OF ANDHRA PRADESH, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Anakapalli Town Police Station. Counsel for the Petitioner/accused: 1. PUVVALA SRINIVASA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2. CRIMINAL PETITION NO: 6614 Between: 1. GUNNABHATHULA SANTOSH KUMAR, S/O APPALANAIDU, AGE 33 YEARS, R/O D.NO.3 MANDAL, ANAKAPALLI DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 5578, 6614, 6681, 6915 & 7177 of 2025 CRIMINAL PETITION NO: 5578of 2025 GOLLAVILLI DURGA PRASAD, S/O.SURI BABU, AGED 21 YEARS, 60,GOLLAPETA,MADUGULA KODURU VILLAGE V.MADUGULA MANDAL, ANAKAPALLI. ...PETITIONER/ACCUSED AND STATE OF ANDHRA PRADESH, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Anakapalli Town Police Station. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: PUVVALA SRINIVASA RAO Respondent/complainant: PUBLIC PROSECUTOR CRIMINAL PETITION NO: 6614 of 2025 GUNNABHATHULA SANTOSH KUMAR, S/O APPALANAIDU, AGE 33 YEARS, R/O D.NO.3- 116, SATYAVARAM VILLAGE, V.MADUGULA MANDAL, ANAKAPALLI DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3521] THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO , 6614, 6681, 6915 & 7177 of 2025 GOLLAVILLI DURGA PRASAD, S/O.SURI BABU, AGED 21 YEARS, 60,GOLLAPETA,MADUGULA KODURU VILLAGE ...PETITIONER/ACCUSED STATE OF ANDHRA PRADESH, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, ...RESPONDENT/COMPLAINANT GUNNABHATHULA SANTOSH KUMAR, S/O APPALANAIDU, AGE 33 116, SATYAVARAM VILLAGE, V.MADUGULA 2 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, (Anakapalli Town Police Station) Rep. by the Public Prosecutor High Court of Andhra Pradesh Amaravati, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. ARRABOLU SAI NAVEEN Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3. CRIMINAL PETITION NO: 6681 of 2025 Between: 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 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, (Anakapalli Town Police Station) Rep. by the Public Prosecutor High Court of Andhra Pradesh Amaravati, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. ARRABOLU SAI NAVEEN Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 4. CRIMINAL PETITION NO: 6915 of 2025 Between: 1. GUMMALA NARSHING ALIAS NARSINGARAO, S/O CHINNABABU, AGE 33 YEARS, R/O D.NO.3-124, RAJA VEEDHI, 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 District ...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 2025 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. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh ...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 Courtpleased to enlarge the Petitioners/Accused No.2, 5, 6 on bail pending disposal of Crime No. 51/2025 of Anakapalli Town Police Station, now Anakapalli District and to pass Counsel for the Petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO 4 Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These five 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.’)/ 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 Anakapalli 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 ‘the NDPS Act’). CASE OF THE PROSECUTION: 3. The case 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 Eleru 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. It is further submitted that the petitioners are the sole earning members of the families and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. ARGUMENTS OF THE STATE: 5. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail 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 foregoing 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 the Petitionersare entitled for grant of bail?” ANALYSIS: 6 7. As seen from the record, the petitioners/Accused Nos.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 Public Prosecutor submits that remand extension petition was filed before the learned Judicial Court, but it was dismissed on 30.08.2025. CONCLUSION: 9. Considering the period 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. 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 Five thousand only), each with two sureties each for the like sum each to the satisfaction of the learned I Additional District & Sessions Judge – cum – Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The petitioners/Accused Nos.4, 2, 3, 1, 5 & 6 shall appear before the Station House Officer concerned on every Saturday in 7 between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.4, 2, 3, 1, 5 & 6 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioners/Accused Nos.4, 2, 3, 1, 5 & 6 shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.4, 2, 3, 1, 5 & 6 shall surrender their passports, if any, to the investigating 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 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. 10. The Crl.P.No.7177 of 2025 against Accused No.2 is dismissed as withdrawn as Accused No.2 had already filed Crl.P.No.6614 of 2025. 11. Accordingly, these five Criminal Petitionsare allowed. _________________________ DR. Y. LAKSHMANA RAO, J Dated: 01.09.2025 AG 8 64 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION Nos:5578, 6614, 6681, 6915 & 7177 of 2025 Dated: 01.09.2025 AG