lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT- MONDAY, THE TWENTY EIGHTH DAY OF JULY, l±l TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6929 OF 2025 Between: Pitta Raju @ Risky Boy, S/o Venkateswararao, 23 yrs. Auto Driver, R/o 1- 43/1, Ambedkar Nagar, Near S. Achuthapuram Railway gate, KAKINADA. Aadhar No. 7040 0880 5315 .. lPetitioner/A-2. AND The State of A.P., rep. by its public Prosecutor, the HI-gh Court of Andhra Pradesh, Amaravati. ...Respondent/Complainant Petition under Section 480 & 483 of BNSS (old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal Petition, the High Court may be pleased to enlarge him on bail in crime No. 227/2024 for the offence undel- sections 20 (b) (ii) (B) 25 r/w 8 (c) of NDPS Act,1985 of Narsipatnam Town Poll-Ce Station, AnakapaIII-district, in the interests of justice. Counsel forthe petitioner : sri simhachalam Karukola Counsel for the Respondent : Ms.P.Akhila Naidu, Assistant Public Prosecutor. The Court made the following ORDER: APHCO10334332025 Eii:lE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6929/2025 I Between II plTTA RAJU @ RISKY BOY, S/O VENKATESWARARAO, '23 YRS. AUTO DRIVER, R/O- 1-43/1, AMBEDKAR NAGAR, NEAR S. ACHUTHAPURAM RAILWAY GATE, KAKINADA. AADHAR NO. 7040 0880 5315 .HPETITIONER/ACCUSED AND aTHE STATE OF A P, rep. by its Public Prosecutor, the High Court of Andhra Pradesh, Amaravati. ...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 Court be pleased to enlarge him on bail in Crime No. 227/2024 for the offence under sections 20 (b) (ill) (B) 25 r/w 8 (c) of NDPS Act,1985 of Narsipatnam Town Police Station, Anakapalli district, in the interests of justice. Counsel for the Petitioner/accused: SIMHACHALAM KARUKOLA Counsel for the Respondent/complainamt: PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition has been filed under sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS'), seeking to enlarge the petitioner/Accused No.2 on' bail in cr.No.227 of 2024 of 2 Dr.YLR,J CRL.P.No.6929/2025 Narsipatnam Town police station, Anakapalli District, registered against the petitioner/Accused No.2 herein for the offence punishable under section 20(b)(If)(B), 25 read with 8(c) of the Narcotic Drugs and psycho{ropic substances Act,1985 (for brevl-ty fthe NDPS Act'). 2. The case of the prosecution jn nutshell js that, on o2.ll.2024 at about 15.l30 hours near Ideal college, Ashok Nagar, KakI-nada, the Sub-Inspector of police along with staff apprehended Accused Nos.1 to 4 while they were transporting 5 kgs of Ganja l'n one gunny bag worth of Rs.25,000/- in a swift car. The po[jce seized 5 kgs of Ganja and car and a case was regI-Stered. 3. Heard learned counsel for the petitl'oner and the learned Assjstan{ Public prosecutor. perused the record. 4. Mr. Karukola simhachalam, the learned counsel for the petitioner submj{s that the petitioner has not comm['tted any offence; petitioner was falsely jmpljcated by the poll'ce in the crl'me; petI'tI-Oner js the sole breadwinner; petitioner would abI'de by any conditions to be imposed by this court,- and urged to allow the petl'tion. 5. Per confra, Ms. P. Akhila Najdu, the learned Assistant pub[I'C prosecutor, s{atI|ng that the petitioner is a habl'tual offender, involved I-n three other offences, opposed in grantI'ng Of bail stating that some more materja[ witnesses have to be examI-ned,I I'nVeStI|ga{iOn iS not completed; if the petit]'oner Its enlarged on bail, he would not be available fo,- the investigation and he would escape from the clutches of law,- and urged to dismiss the ba" petition. 3 Dr_YLR,J CRL. P.No.6929/2025 6. As seen from the record, the F.I.R. was registered on 02.ll.2024. Based on the confession of the Accused No.3, the petitioner/Accu;ed No.2 was roped into this case. The petitioner was arrested on 27.05.2025, The alleged contraband involved in this case is 5 kgs which is not a coinmerCial quantity. The petitioner has been languishing in the jail for the past 62 days. 7. The learned Assistant Public Prosecutor submits that there are three adverse antecedents against the petitioner/Accused No.2 out of which one is pertaining to lthe NDPS ActJ.. 8. Be that as it may, considering the nature and gravity of allegation levelled against the petitioner, and his alleged role in the case and the period of detention undergoing by the petitioner, the petitioner is entitled to be enlarged on bail with the following stringent cond|ltions: i. The petit'IOner/Accused No.2 shall be enlarged on bail subject to he executing a personal 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 I Additional District & Sessions Judge -Special Judge for Trial of Offences under [the NDPS Act], Visakhapatnam. ii. The petitioner/Accused No.2 shall appear before the Station HoLISe Officer, Narsipatnam Town Police Station, Anakapalle,--6n every Saturday in between 10:00 am and O5':00 pm, till cognizance is taken by the learned the Trial Court. . Ei- \- FJ__ i, 4 Dr.YLR,J CRL.P. No.6929/2025 iii. - The petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the learned I Additional District & Sessions Judge - Special Judge for Trial of Offences under [the NDPS Act', Visakhapatnam. iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.2 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 petitioner/Accused No.2 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.2 shall ;urrender his passport, if any, to the investigating officer. lf he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 9. Accordingly, the Criminal Petition is allowed. //TRUE COPY// SD/-M.SRINIVAS sAEScSi:oT:aeGE[R: T RA R F To, 1. The I Additional District & Session Judge-Special Judge for Trial of Offences under NDPS Act: Visakhapatnam. 2. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District. 3. The Station House Officer, Narsipatnam Town Police Station, Anakapalli District. I 4. One CC to Sri Simhachalam Karcko'a, Advocate [OPUC] HIGH COURT Dr.YLRIJ DATED :28/07/2025 BAIL ORDER CRLP.No.6929 of 2025 ALLOWED =ie_ i 1 !#l 2tt5