IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7443 OF 2025 Between : shaik Manisha, D/o Shaik Mastan, Aged about 19 years, occ.I student, RRV Puram, Durga Kirana Shop, Visakhapatnam. Petitioner/Accused No.6 AND The State ofAndhra pradesh, Rep. by its public prosecutor, Hl-gh Court of Andhra pradesh at Amaravathi Respondent petI-lion under Section 480 & 483 of BNSS., js fI'led Praying that jn the cI-rCumStanCeS Stated in the grounds filed in support of the petI-lion, the High court may be pleased to release the petitioner/Accused No 6, on ba" in connection with crime No. 61 of 2025, on the file of Kirlampudi p.s. The petition coming on for hearing, upon perusing the petjtjon and the affI'daVit filed I-n Support thereof and upon hearI'ng the arguments of srI-. KADIYAM NEELAKANTESWARA RAO, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent,- The Court made the following ORDER: APHCO10358842025 HTl' lH IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special origjna[ JurjsdI-Ct[-On) THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRE',SENT THE HONOURABLE DR JUSTICE YI LAKSHMANA RAO CR]M[NAL PETITION [3521] BetweenI| SHAIK MANISHA, D/O SHAIK MASTAN AGED ABOUT 19 YEARS, OCC STUDENT, RRV PURAM, DURGA KIRANA SHOP, VISAKHAPATNAM ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its public prosecutor, HI-gh Court of Andhra pradesh at Amaravathi u.RESPONDENT/COMPLAINANT Counsel for the petI-tiOner/accused.- KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent/complainant.- PUBLIC PROSECUTOR The Court made the following.- ORDER: The Criminal petition has been filed under sectI'OnS 437 and 439 of the code of crimI-hal Procedure, 1973 (for brevity {the cr.p.c.I)/ sectI'OnS 480 and 483 of the Bharatiya Nagarik suraksha sanhI-tar 2023 \-.L- ``nd \ --_ --,-,,I \ Ea 2 Dr. YLR, J Crl.P.No.7443 of 2025 Dated 24.07.2025 (for brevity lthe BNSS'), seek-lng to enlarge the Petitioner/Accused No.6 on bail in Cr.No.61 of 2025 of Kirlampudi Police Stat®lon, Kakinada District, registered against the Petitioner/Accused No.6 herein for the offences punishable under sect-Ions 8(c) read with 20 (b) (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity [the NDPS Act]). 2. The case ofthe' prosecution iS that On 26.05.2025 at 07:00 A.M., on rece-lpt of credible information, the Sub-Inspector of Police, Gandepalli Police Station, after securing necessary Permission from the sub-Divisional Police Officer, Peddapuram, along with his Staff and mediators, conducted a raid. During the raid, Accused Nos.1 to 6 and one child in conflict with Law (COL) were found transporting 163.250 KGs (75 packets) of Ganja from Benna Bhupalapatnam to Shirdi, Maharashtra. The total worth of the seized property iS approximately Rs.13,57,130/-. The police seized the contraband under the cover Of a mediators' report, arrested the accused, and they were remanded to judicial custody. 3. Sri Kadiyam Neelakanteswara Rao, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; she was falsely implicated in this case; she is a student; she is ready to c,I:--. --. 3 Dr. YLR, I CrI.p.No.7443 of 2025 Dated 24.07.2025 abide any cond[|tI'OriS tO be I-mposed by {hjs court,I and urged to enlarge the peti[joner on bail. 4. Per confra, Ms.P.Akila Na]du, the learned Assistant public prosecutor, opposed I-n granting of bail stating that some more material witnesses have to be examined,- investI-ga{jOn iS not COmPIeted,I if the pe{jtioner js enlarged on baI|[, She would not be available for the invest[-gation and she would escape from the clutches of law; and it js urged to dismiss the bail application. 5. Perusedtherecord. 6. As seen from the mediatorsJ report dated 26.05.2025, there Its a confessI'On Of the pe{I-tjOner/Accused No.6 recorded by the lnvestjgatl-ng officer, whereI'n She stated that she is aged about 19 years and a student,- her father indulged in transportation of ganja for illegal gains; as he has been suffering from financI-al troubles, her father requested that she and her minor brother, child in conflict wl-th Law (COL), accompany him during the transporfatjon of ganja,I some ganja was placed jn their car and the remaining quantity was placed jn the Bolero car whI-Ch Was coming behind the car in whI'Ch the petI-tI'Oner and her father were PrOCeedl'ng ahead. •- `.s1 \_-> 'L .I i 4 Dr. YLR, J crI.P.No.7443 of 2025 Dated 24.07.2O25 7. On perusal of the above COnfeSSiOnal Statement Of the Pet®ltiOner, although it is not admissible under Section 25 of the Indian Evidence Act, 1872, there is no mention that the Petit'IOner Shared a common intention with her father in committing the offence. The petitioner was arrested on 26.05.2025 and she has been in judiC-lal Custody for the Past 59 days. The learned Assistant Public Prosecutor subm'ltted that there are no adverse antecedents reported against the petitioner. The petitioner is a girl aged about ,19 years. 8. This Court is satisfied that there are no reasonable grounds for believing that the petitioner is guilty of the offence charged and that she may likely to comm'lt any offence while on bail. ln this Case, the Child in Conflict with Law (COL) was already enlarged on bail by the Competent Board- 9. Keeping into consideration the nature Of allegations levelled against the petitioner, her alleged role played in this case and the period of detention undergone by her in the judicial custody, this Court is inclined to enlarge the petitioner on bail with certain stringent conditions. 9. ln the result, the Criminal Petition is allowed with the following conditions: c-rrf,J t<.- ' if, 5 Dr. YLR, J CrI.P.No.7443 of 2025 Dated 24.07.2025 i. The petitioner/Accused No.6 shall be enlarged on bail subject to she executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the lI|ke Sum each tO the sail-sfactI-On Of the learned Judicial First class Magistrate, Prathipadu. ii. The petitioner/Accused No.6 shall not leave the limits of the District without prior permission from the lnvestigatI'ng Officer till the filing of the charge sheet. iii. The petitioner/Accused No.6 shall not commit or indulge in similar offences in future. iv. The petitioner/Accused No.6 shall cooperate w,'th the investigating officer in further investigation of the case and shall be aval-lable to the investigating officer as and when called by him. sD/-G.HELANAIDU EGISTP`AR 3FFICER :N+ffi ASSISTA //TRUE COPY// SEC To, 1. The Judicial Magistrate of First Class, Prathipadu 2. The Superintendent, Central Prison, Rajamahendravaram. 3. The Station House Officer, Kirlampudi Police Station, Kakinada District. 4. One CC to Sri. KADIYAM NEELAKANTESWARA RAO,Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, HIGH COURT DR.YLR, J DATED :24/07/2025 BAIL ORDER CRLP.No.7443 of 2025 ALLOWED I _ \\jj