lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: |!I THE HONOURABLE DR JUSTICE Y. LAKSHMANA Rj CRIMINAL PETITION NO: 7024 OF 2025 Between : 1. Shaik Hussain Basha alias Gugudu, S/o. Late Shaik gugudaa, Aged about 41 years, Occ Driver, R/o. D. No. 6/711-B, Arts College Road, Proddatur Town MandaI, YSR Kadapa District 2. Syed Khadar @ Khadeer, S/o. Late Syed Basha Aged about 42 Years, occ Driver R/o D. No. 6/517-B, Arts college Road, Proddatur Town Mandal, YSR Kadapa District. ...Petitioners/Accused No.1 & 2 AND The State of Andra Pradesh, Rep. by its Public Prosecutor, at High court of Andhra Pradesh at Amaravathi Through SHO, Proddatur I Town PS, Proddatur, YSR Kadapa ...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 enlarge/release herein/Accused No. 1 and 2 on bail pending enquiry and trial in connection with Cr. No.143 of 2025 dated 09-05-2025 registered on the file of Proddatur I Town police station, Kadapa District. The PetitI-On coming On for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI V NITESH Advocate for the petitioners, and of PUBLIC PROSECUTOR, for the Respondent, the court made the following \" ORDER: The Criminal Petit'lon 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 lthe BNSS'), seeking to enlarge the Petitioners/Accused Nos.1 and 2 on bail in cr.No.143 of 2025 of Proddatur I Town Police Station, YSR kadapa District, registered against the Petitioners/Accused Nos.1 and 2 herein and others for the offences punishable under sections 20(b)(ii)(B) read with 8(c) of Narcotic Drugs and Psycho{ropic Substances Act (for brevity fNDPS - Actl). 2. The case of the prosecution iS that, On 09.5.2025 at ll.00 am, on receipt of credible information regarding illegal possession and transportation of ganja, the Inspector of police, secured the Presence Of his staff and mediators and rushed to newly constructed pillar of flyover bridge in penna river, RTPP Road, Rameswaram, Proddatur town of Kadapa District and found A1' to A4 in possession of dry g.anja and On Seeing the police, when they tried t9_run_ avyay, POliCe Caught them With the help Of his staff and on quest-loning they confessed the offence and found 1500 grams of ganja in their possession. Police seized the contraband and Other material and arrested the accused and got them remanded tO judicial custody. Since then, the pet'ltioners are in judicial Custody. t`rii= t-.a 3 . 3. Sri V.Nitesh, the learned counsel forthe petitioners, submits that the Petitioners have not committed any offence; they were falsely implicated Ion this case; they are the sole breadwinners of their family; they are ready to abide any condl-lions to be imposed by this court; and urged to enlarge the petitioners on bail. He further submitted that accused nos.3 and 4 were granted bail by this Court vide orders in Crl.P.No.5776 of 2025 dated 12.6.2025. 4. Per oof,ira, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor, opposed in granting of bail stating that investigation is not yet concluded; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law; and urged to dismiss the bail petition. He further submitted that the petitioner No.1 was involved in several other cases including one NDPS case and the petitioner No.2 was also involved in several other cases including two NDPS cases but the quantity of contraband is not known. 5. Perused the record. 6. As seen from the record, the petitioners have been in judicial custody for the past 67 days; they were remanded to judicial custody on 09.5.2025. Ttle seized contraband was 1500 grams of ganja which is not a commercial quantity. The petitioners had got fixed abode in-proddatur Town and MandaI, YSR Kadapa District. _+---- -zI 7. ln view of the above facts and circumstances of the case, considering the alleged role played by the petitioners and also considering the fact that the other accused i.e. accused Nos.3 and 4 were granted bail by this court and as material portion of investigation is completed, this Court deems 'lt fit to release the petitioners on bail with some stringent condi{iorls. 8. This Court is of the opinion that if certain stringent conditions are imposed on the petitioners for securing their presence before the learned Trial Court for trial, the interest of justice would be met. 9. [n the result7 the Criminal Petition is allowed with the following conditions: i. The petitioners/Accused No.1 and 2 shall be enlarged on bail subject to their executing a personal bond for a sum of Rs.20,000/- (Rupees twenty Thousand only) each, with two sureties for the like sum each to the satisfaction of the learned I Additional Judicial First Class Magistrate, Proddatur; ii. The petitioners/Accused Nos.1 and 2 shall appear before the Investigation Officer concerned, on every Saturday . in between 10:00 am and 05:00 pm, until further orders. i`ii. The petitioner/Accused No.3 shall hot leave the limits of the District without prior permission from the learned Trial Judge. iv. The petitioners/Accused Nos.1 and 2 shall not commit or indulge in simi`lar offences in future. v. The petitioners/Accused Nos.1 and 2 shall cooperate with the investigating officer in further investigation of the case / `-`' ,-_ _,.* and shall be available to the investigating offI-Cer aS and When called by him. SD/- ,K.SRINIVASA RAJU //TRUE COPY// For GISTRAR SECTION-OFFICER To, 1. The I Additional Judicial First class Magistrate, Proddatur, YSR Kadapa District 2. The Superintendent, Ce-ntraI Jail, Kadapa, YSR Kadapa District 3. The Station House Officer, Proddatur I Town Police Station, Proddatur, ysR Kadapa District 4. One CC to SRl. V NITESH Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy PSR HIGH COURT DR.YLR,J DATED: 15/07/2025 BAIL ORDER CRLP.No.7024 of 2025 ALLOWED