[3521] lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl *.,€.*?''=£ TUESDAY ,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6986 OF 2025 Between : AND J`` Ruttala Appalanaidu @ Saka Piki, S/o.Bulli Babu, Aged about 41 years, R/o.Gabbada Village, Narsipatnam MandaI, Anakapalli District Petitioner/Accused No.5 The State of Andhra Pradesh, Through Station House Officer, Chillakur Police Station, SPSR Ne'Iore District Rep., by its Public Prosecutor, High Court at Amaravathi. Respondent/Complainant Petition under Section 480 & 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner on bail in crime No.3/2025 on the file of the Chillakur Police Station, SPSR Nellore District in the interest of justice The petition/Appeal coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri P NAGENDRA REDDY Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. Dr.YLR, J Crl.P.No.6986 of 2025 Dated 15.07.2025 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 tthe Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSSJ), seeking to enlarge the petitioner/Accused No.5 on bail in Cr.No.3 of 2025. of Chillakur Police Station, Tirupathi District, registered against the petitioner/Accused No.5 herein for the offences punishable under sections 8(c) r/w 20(b)(ii)(C) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity {the NDPS Act'). 2. The case of the prosecution is that on 07.01.2025 at 17.45 hours, the Sub-Inspector of Police, Chillakur Police Station, on receiving information about 'lIIegal transportation of ganja, secured mediators and while he along with-his staff vyere conducting vehicle checking near Ramalayam Temple, Kadivedu Centre towards Kota road, found Accused Nos.1 to 4 who are coming from Gudur side in possession of 72 Kgs of Ganja worth of Rs.4,00,000/- transporting the same in Toyoto Etios bearing No.AP39 UE 5352 and Mahindra Bolero bearing No.TN 18 BY 3187. On enquiry, Accused Nos.1 to 4 revealed that they received the said Ganja from Accused Nos.5 to 8. A case has been registered against the accused Dr.YLR, J Crl.P.No.6986 of 2025 Dated 15.07.2025 persons and Accused Mos.1 to 4 are remanded to judicI'al Custody On the even date and the contraband along with vehicles were seized under the a----.try-`~.,-==~_ cover of mediator's report. Accused No.5 was apprehended on o1.05.2025 and since then he is in judicl-al -remand. 3. Sri P. Nagendra Reddy, the learned counsel for the petitI'Oner, submits that the petitioner has not committed any offence; he was falsely implI-Cated in this case; he js sole breadwinner of his family,' he js ready to abide any condI-tjOnS tO be imposed by thI-S Court; and urged to enlarge the petjtjoner on baI'l. 4. Per confra, Ms. P. AkhI|la Naidu, the learned Assistant public prosecutor, submits that Accused Nos.1 to 4 are found in possession of 72 Kgs of Ganja which is a huge quant]-ty and the petitl'oner herein along wl'th Accused Nos.6 to 8 were supplyl-ng the contraband. [f the petitioner is enlarged on baI'I, he would commit similar crI'meS Of Same nature,I and urged to dl'smjss the bail petition. 5. Perusedtherecord. 6. As seen from the record, based on the confessional statement of Accused Nos.1 to 4, the peti{joner herelfn was shown as Accused No.5 in this crime. lt is the contention of the prosecution that Accused No.5 is a 4 Dr.YLR, I Crl.P.No.6986 of 2o25 Dated 15.07.2025 retailor of contraband. The learned Single Judge of this Court in CrI.PaNo.4937 of 2025, v,-de, order, dated 09.05.2025 enlarged the Accused Nos.7 and 8 on bail. The petitioner herein was not found in possession of the Ganja and the petitioner has been in judicial custody for the past 76 days. No independent material has been collected showing about the involvement of the petitioner in the case. Continuation of detention of petitioner in the prison as a Under Trial Prisoner without there being any direct evidence cannot be sustained, inasmuch as, there is no possibility of the petitioner tampering with the evidence or influencing the witnesses as material investigation is completed. The petitioner has got permanent abode in Gabbada Village of Narsipatnam MandaI. 7. Taking into consideration of the number of days the.petitioner has been in judicial custody, the nature' of allegation levelled against him, stage of the investigation and his alleged role in the case, this Court is inclined to enlarge the petitioner on bail. 8, This Court is of the opinion that if certain stringent conditions are imposed o+n the petitioner for securing his presence before the learned Trial Court for trial, the interest of justice would be met. 9, [n the result, the Criminal Petition is allowed with the following conditions: Dr.YLR, J Crl.P.No.6986 of 2025 Date'd 15.07.2025 i. The petI'tiOner/Accused No.5 shall be enlarged on bail subject to executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the learned AddI'tI'OnaI JudI-Cl-aI MagI'Strate of First Class, Gudur, Nellore District. li. The petitioner/Accused No.5 shall appear before the Investigation officer concerned, on every saturday in between 10:00 am and o5:00 pm, until further orders. iij. The petI-tiOner/Accused No.5 shall not leave the limits of the District without prior permission from the learned Trial Judge. jv. The petitI'Oner/Accused No.5 shall not commit or indulge in similar offences in future. v. The petitioner/Accused No.5 shall cooperate with the investigating officer in further investigation of the case and shall be avaI-table to the investI'gating officer as and when called. ASSISTANT SD/-U. SRJDEVJ //TRUE COPY// ISTRAR For +_~ SECTION OFFICER -_-+ I.--I //, / To, 1. The Additional Judicial MagI'Strate Of First class, Gudur, Nellore District. 2. The Superintendent, Sub-Jail, Gudur, Nellore District. 3. The Station House Officer, Chillakur Police Station, SPSR NeIIore District. 4. One CC to SRI. P NAGENDRA REDDYAdvocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 6. One spare copy HIGH COURT DR.YLR,J DATED: 15/07/2025 BAIL ORDER CRLP.No.6986 of 2025 ALLOWED