i `9 IN THE HIGIH COURT OF ANDHRA PRADESH AT AMARAVArfT±ff#&gha MONDAY, THE TWENTY FIRST DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: iS THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7187 OF 2025 Between : 1. Erla Vinay Kumar @ Biyyam, s/o Ramu, Age 26 years, r/o Near Vivekananda Hospital, NT College road, Sangam Office, Akkayyapalem, Visakhapatnam. 2. Killi Tharun Kumar @ Ladda, S/o Raju, Age 23 years, r/o D.No. 32-30-144, SVP Nagar, Kob-berithota, visakhapatnam. iu 3. \ ` . l`. I..PetitI-OnerS/Accused No.3 & 4 :7-.AND The State of Andhra PradeSh, Through Station House Officer, Arilova Police Station, Rep. by its 3a-Public prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. ...Respondent/Complainant PetI'tiOn under Sections 437I-& 439 of Cr.P.C, is filed praying that in the circumstances stated in the grounds filed in support of the criminal petition, the High Court may be pleased-`t6 r`elease the petitioner on Bail in connection wllth Crime No.104 of 2025 on the file of the Arilova Police Station. The petition coming on for`~-hearing, upon perusing the petition and the grounds filed in support the+e6c+-- and upon hearing the arguments of Ms.Bandl-Praveena, Advocate fo+rithe Petl-tioners and of public Prosecutor for Respondent, the court made the`foi!owing i-- \-_ I___ - 2 Dr.YLR,J CRL.P.No.7187/2025 The Court made the following ORDER: The Criminal Petition has been filed under Sections 480 & 483.of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS') and 43-,I & 439 of the. Code of CrI-minal Procedure,1973-(for brevity [the Cr.P.C), seeking to enlarge. the petitioners/Accused Nos.3 and 4 on bail in Cr.No.104 of 2025 of Arilova Police Station, Visakhapatnam District registered against the petitioners/Accused Nos.3 and 4 herein for the offence punishable under Section 21 (a) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for brevity tthe NDPS Act'). 2. The case of the prosecution in nutshell is that, on 03.03.2025 at about 07:00 hours, -while the warder was conducting rolinds near Sneha Sarovar block, he found that Accused Nos.1 and 2 smoking beedies. The warder checked both the accused and found one small bottle of Ganja oil in Accused No.1 pocket. Upon enquiry, Accused No.1 stated that r®tslong with Accused Nos.3 to 5 and another person went to Narsipatnam and b®ht {®procured Ganja oil from unknown person and brought the small quantity of Ganja oil to jail. The de-facto complainant handed over the property to the Police Station and a case was registered. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Smt. Bandi Praveena, the learned counsel for the petitioner submits that the petitioners have not committed any often.ce; petitioners were falsely implicated by |deetsPOliCe I-n the Crime; Petitioners are the SOle breadwinners; _ca 3 I Dr.YLRIJ CF!L.P. No.7187/2025 petitioners would abide by any condi{ion§ to be ['mposed by this court; and urged to allow the petition. 5. Perconfra, Ms. P. Akila Naidu, the learned AssI'Stant Public Prosecutor, opposed in granting of bat-I s{atjng that the petitioners are the habitual offenders, involved in other offences, some more material wI-tneSSeS have tO be examined,- investigation is not completed,. jf the pe{itl-oners are enlarged on baI'l, 'they would not be available for the inves{jgation and they would escape from the clutches of law; and urged to dI'SmiSS the bail petition. 6. As seen from the record, the petl'tioners were arrayed in this case as Accused Nos.3 and 4 as per the confession gIVen by Accused No.1 who ng9re uP9) I found in possession of 20 grams of GanJ-a Ol'l. Pursuant to the confession of Accused No.1, in the course of investI'gatiOn, Pe{i{jOnerS Were arrested on o3.03.2o25. The petitioners have been in the judicial custody for more than 120 days. Even though the learned Assistant public prosecutor su'bmits that ` petitioner No.1/Accused No.3 having 10 antecedents and many of them are pertaI'njng to offences under fthe NDPS Act', the seized contraband from the possession of Accused No.1 l's not commercial quantity. There are no antecedents against petI'tI'Oner No.2/Accused No.4. 7. ConsiderI'ng the nature and gravity of allegation levelled against the pe{jtioners, and their alleged role in the case and the period of detention undergone by the petitioners, thI-S Court I'S jnCII'ned to enlarge the petitioners on bail with the following stringent conditions: 4 Dr.YLR,J CRL.P.No.7187/2025 i. The pe{ition'ers/Accused Nos.3 and 4 shall be enlarged on bail subject to they executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sure_ties each for the like sum each to the satisfaction of the learned Chief Judicial Magistrate, Visakhapatnam. ii. The petitioners/Accused Nos.3 and 4 shall appear before the Station House Officer, Arilova Police Station, Visakhapatnam, on every Saturday in between lO:00 am and o5:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/Accused Nos.3 and 4 shall not leave the limits of the Distri-ct without prior permission from the learned Chief Judicial Magistrate, Visakhapatnam. iv. The petitioners/Accused Nos.3 and 4 shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.3 and 4 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 petitioners/Accused Nos.3 and 4 shall not, directly or indirectly, make any inducement, threat or promise to any pe+son 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.. \` To, 5 Dr.YLR,J CRL.P_No_7187/2025 vii. The petitioners/Accused Mos.3 and 4 shall surrender their Passports, jf any, to the investigating officer. If they claim that they do not have a passport, they shall submit an affidavit to that effect {o the Investigating offl|cer. Accordingly, the criminal petition is allowed. liTF€tlE COPYIl 5 i, rJ' ASSISTAN SD/- M.SRINIVAs R±GISTRAR SECTI 1. The Metropolitan SessiQfi`l-S'J:Lldge-Gum-I Additional District by Sessions Judge-Special Judge fo,-r,`f+'ff.rial of Offences under NDPS Act, at Visakhapatnam. -I-'~ " 2. The Chief Judicial Magistrate, Visakhapatnam. 3. The Superintendent, Central Prison, Visakhapatnam. 4. The Station House Officer,LArilova Police Station, Visakhapatnam. 5. One CC to Ms.Bandi Praveena, Advocate [OPUC] 6. Two CCs toPUBLIC-,R--`ROSECUTOR, High Court of A.P., Amarava{i.[OUT] 7. One spare copy. PSD ;-:?S. J1_S ` HIGH COURT DR.YLR,J DATED:21/07/2025 BAIL ORDER CRLP.No.7187 of 2025 ALLOWED iiLiiaem } '