i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV-^^^^^ <«v •■.I O /H C;‘ WEDNESDAY, THE TWENTIETH DAY OF AUGUST? TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6984 OF 2025 Between: lllapu Nageswara Rao, S/o.Simhadri, Aged about 41 Village, Madugula Mandal, Anakapalli District years, R/o.Kinthali ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Through Station House Officer Police Station, SPSR Nellore District Rep., by its Public Prosecutor, Court at Amravathi Ulavapadu High ...Respondent/Complainant Petition under Sections 480 & 483 of BNSS 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 release the bail in Crime No.23/2025 Petitioner on the file of the Ulavapadu Police Station, SPSR on Nellore District. The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SR^P.NAGENDRA REDDY Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following I APHC010337792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6984/2025 Between: lllapu Nageswara Rao ...PETITIONER/ACCUSED AND The State of Andhra Pradesh Counsel for the Petitioner/accused: P. Nagendra Reddy Counsel for the Respondent/complainant: Public Prosecutor ...RESPONDENT/COMPLAINANT 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 ‘the Cr.P.C.’) / Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 Crime No.23 of 2025 of Ulalapadu Police Station, SPSR Nellore District, registered against the Petitioner/Accused No.1 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’). on bail in 2 Crl.P.No.6984 of. Dated 20.08.20^ 2. The case of the prosecution is that, on 17.02.2025 at about 15:45 hours, the complainant received credible information regarding the illegal transportation of ganja and registered the same in the police station. Acting upon the said information, at about 16:00 hours, the complainant along with his staff proceeded to the specified place and conducted vehicle checking. At that time, a Mahindra Cab coming from the Ongole side suddenly attempted to reverse and escape. The complainant, with the assistance of his staff, intercepted the vehicle and apprehended Accused Nos.1 and 2 while Accused No.4 managed to escape from the spot. On checking the vehicle, the complainant found 95 packets of ganja weighing about 100 kilograms. When questioned about the contraband. Accused Nos.1 and 2 disclosed that it was being transported at the instance of Accused No.3. Thereafter, the complainant arrested Accused Nos.1 and 2 on 17.02.2025 and seized 100 kilograms of ganja, the Mahindra Cab, and three mobile phones from their possession Sri P. Nagendra Reddy, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of 3. Dr.YLR, J Crl.P.No.6984of2025 Dated 20.08.2025 prays that the present petition be allowed in the the foregoing, learned counsel interest of justice. 4. Per contra, Ms.P.Akhila Naidu vehemently opposed the grant of bail investigation is still underway and several the learned Assistant Public Prosecutor to the petitioner, submitting that the material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing it is urged that the petition be dismissed. 5. As seen from the record, the petitioner/accused indulged in dealing with 100 Kgs of petitioner was arrested on 17.022025. He has been i the past 183 days. The petitioner i No.1 was allegedly ganja along with other accused. The in the judicial custody for IS a permanent resident of Kinthali Village, Madugula Mandal, Anakapalli District. Seven witnesses have been examined all are official witnesses. Prime portion of the investigation is completed. 1 influencing or threatening the may not arise. Hence, the question of petitioner/accused No. witnesses or hampering the investigation 6. The learned Assistant Public Prosecutor adverse antecedents against the petitioner/Accused filed before the learned Court below concerned seeking for extension period of judicial submits that there are no No.1 and no report was by the learned Public Prosecutor custody of the petitioner Crl.P.No.6984 ot, Dated 20.08.20^ progress of investigation and the specific reasons for the detention of the accused beyond the initial period. Section 36A(4) of ‘the Acf upto one year by indicating the 7. states that if the investigation is not No.1 has an indefeasible period up to one year on the progress of the investigation and specific reasons for the detention of the accused beyond the initiai period. completed within 180 days, the petitioner/accused right to bail, unless the Special Court extends the report of the Public Prosecutor, indicating the 8. Considering the petitioner/Accused No.1 i and gravity of allegation levelled period of detention undergone by the in judiciai custody for the past 183 days, the nature against the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the petitioner the following stringent conditions; on bail with i. The petitioner/Accused No.1 shall be to he executing a personal bond for (Rupees Fifty Thousand only), with two sum each to the satisfaction of the learned Class Magistrate, Kandukuru. The petitioner/Accused No.1 Station House Officer, Ulavapadu Police enlarged on bail subject a sum of Rs.50,000/- sureties each for the like Additional Judicial I shall appear before the Station, SPSR Nellore District, on every Saturday in between 10:00 am and 05.00 till cognizance is taken by the learned the Trial pm. Court. / 5 Dr.YLR, J Crl.P.No.6984 of 2025 Dated 20.08.2025 iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required, vi. The petitioner/Accused No.1 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.1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. Accordingly, the Criminal Petition is allowed. IV. V. 9. Sd/- K.TATA RAO DEPUTY/REGISTRAR //TRUE COPY// SECTION OFFICER For To, 1. The Additional Judicial First Class Magistrate District 2. The Superintendent, Sub-Jail, Kandukur, Prakasam District 3. The Station House Officer, Ulavapadu Police Station District 4. One CC to SRI. P NAGENDRA REDDY Advocate [OPUC] 5. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy Kandukur, Prakasam SPSR Nellore PSR / HIGH COURT DR.YLR,J DATED:20/08/2025 BAIL ORDER CRLP.No.6984 of 2025 ALLOWED