IN THE HIGH COURT OF ANDHRA PRADESH AT AMAFi TUESDAY ,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE YI LAKSHMANA RAO CRIMINAL PETITION NO.I 7317 OF 2025 Between : Bhupathi vinutana saI-@ Saim @ Sunny, S/o. Durga Prasad, aged 21 years, r/o. Ogispet, Machilipatnam, KrI-Shna District Petitioner/Accused No.1 AND 1. The State ofAndhra Pradesh, Rep. by its publl'c Prosecutor, High Court of A.P., Amaravati. 2. The Station House officer, Robertswonpet poll-Ce Station, MachilI|Patnam, Krishna District. Respondents/complainant petitI'On under Section 480 & 483 of BNSS, 2023 is filed praying that I'n the circumstances stated in the affidavit filed in support of the criminal petition, the High Court may be pleased to enlarge the petitioner on ba" I-n Crime No.55/2025 of Robertsonpet poII|Ce Station. The petition/Appeal coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Ms. MALLAVOLU NIKITHA Advocate for the petitI'Oner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. rF3dffS- ( The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanh|lta, 2023 (for brevity lthe BNSS'), seeking to enlarge the petitioner/Accused No.1 on bail 'In Crime.No.55 of 2025 of Robertsonpet Police Station, Krishna District, registered against the petitioner/Accused No.1 herein for the OffenCeS Punishable under section 20(b)(ii)(A) read with 8(c) of the Narcotic Drugs and PsychotropiC substances Act, 1985 (for brevity lthe NDPS ActJ). 2. The case of the Prosecution iS that On 27.05.2025, on receipt Of credible information regarding illegal possession Of Ganja, the Sub- lnspector of police, Rober{sonpeta Police Station, along With h-lS Staff, conducted a raid at vacant land brick kilns, Bypass Road, Balaramunipeta, Machilipatnam and Caught hold Of the Accused Nos,1 to 10, found in their possess'lon of Ganja. The present Petitioner/Accused No.1 was found in possession of 4 kgs of Ganja. The police seized the contraband and based on the mediator's report, the police registered a case in Crime.No.55 of 2025 on the file of the Robertsonpet Police Station, Krishna Distr'lct. 3. Ms. M.Nik-ltha, the learned COunSel for the Petitioner, Submits that the petit'IOner has not committed any Offence; he Was falsely implicated in this case; he is sole breadwinner Of h'lS family; he iS ready tO abide any conditions to be I'mPOSed by this Court; and urged to enlarge the petjt['oner on bail. 4. Per confra, Ms. P.Akila Nat-du, the learned Assistant public prosecutor, opposed jn granting of bail stating that some more material witnesses have to be examined; investigatl-on is not completed; if the petitI'Oner is enlarged on bail, he would not be avaI'Iable for the investigation and he would escape from the clutches of law; and it is urged to dI'SmiSS the bail application. 5. Perused the record. 6. The petitioner has been jn thejudI-Cial custody forthe past48 days. The petitioner/Accused No.1 was arrested on 27.05.2025. The quantity of the contraband allegedly seized from the possession of the petitI'Oner Was only 4 Kgs, that means it is not a commercI'al quantI'ty. It is submitted that / the material portion of the investI-gatiOn I-S completed and charge sheet is yet to be filed. The chance of the petitioner threatening the witnesses or tampering the evidence would not arise. 7. ConsiderI'ng the nature of the allegations leveled against the Petitioner, his alleged role played in th[-s case and the period of detention and the quantity of the alleged contraband, this court js incII'ned tO enlarge the petitI'Oner On bail with certain stringent conditions. 8. ln the result, the Criminal Petition is allowed with the following conditions: i. The petitioner/Accused No.1 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 for the like sum each to the satisfaction of the learned ll Additional Judicial Magistrate of First class, Machilipatnam. ii. The petitioner/Accused No.1 shall appear before the Station House Officer, Robertsonpet Police Station, Krishna District, on every Saturday in between 10:00 am and 05:00 pm, till the conclusion of the Trial. iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the learned Trial Judge. Itv. The petitioner/Accused No.1 shall not commit or indulge in similar offences in future. v. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called by him. SD/-G.HELANAIDU' ASSISTANTh\REGISTRAR To, 1. The I AddI. Sessions Judge-cwm-SPI. Judge for Trial of Offences under NDPS Act, Krishna at Machilpatnam. 2. The " AddI. Judicial Magistrate of F]|rs{ class, Machjlipatnam. 3. The Superintendent, central prison, Nellore District. 4. The station House officer, Rober{swonpet poI[|ce Machjlipatnam, Krishna District. Station, 5. One CC to SRl. MALLAVOLU NIKITHAAdvocate [opuc] 6. Two CCs to Public prosecutor (AP) High Court ofA.P., Amaravatj [OUT]. 7. One spare copy I I ^ HIGH COURT DR.YLR,J DATED : 22/07/2025 BAIL ORDER CRLP.No.7317 of 2025 ALLOWED