st `.`\ `>u lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl .,.. ` i_I TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO: 7653 OF 2025 Between : Devara Rajasekhar, S/o. Uttayya, aged about 32 years, R/o. Banjara Hills, Hyderabad, Telangana State. ... Petitioner/Accusec! AND The State Of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under Section 437 & 439 of Cr.P.C and 480 & 483 of BNSS is filed, praying that in the circumstances stated in the affidavit filed in support of the Criminal Pe{i{ion, the High Court may be pleased to enlarge the Petitioner/Accused on bail pending disposal of Crime No. 106/2025 of S. Rayavaram P.S., Anakapalli District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SR! BALABHADRUNI MANOHAR Advocate for the Petitioner, Assistant Public Prosecutor for the respondent and the Court made the following. ORDER ¥ +_ Dr. \ CrI.P.No.7653 of 2L,` Dated 29.07.202> 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 lthe Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya` Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS]), seeking to enlarge the petitioner/Accused on bail in Cr.No.106 of 2025 of S.Rayavaram Police Station, Anakapalli District, registered against the petitioner/Accused herein for the offences punishable under Sections 20(b)(ii)(B) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for brevity [the NDPS Act]).` 2. The case of the prosecution is that on 16.06.2025, on receipt of credible information about the illegal possession and transportation of Ganja, The Sub-Inspector of Police, S.Rayavaram Police Station, secured the presence of mediators and rushed to Peda Gummuluru Village and conducted vehicle checking. The police noticed one person walking suspiciously, and on seeing the police, the said person tried to escape. The Sub-]nspectcF Of Police apprehended the accused. During investigation, the accused gave his address particulars, and basing on the said confession statement, only 2.800 Kgs of Ganja was seized -_ -=±r--+i I `--I `-I++e\LL:±= -_I-===n_-= £ -I Dr. YLR, I CrI.P.No.7653 of 2025 Dated 29.07.2025 under the cover of mediator's report. Basing on the report, the petI'tiOner was arrested on 16.06.2025 and remanded him to judicial custody. 3. Heard learned counsel for the petitI-Oner and the learned Assistant Public Prosecutor. perused the record. 4. Mr. Balabhadruni Manohar, 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 famI'Iy and, therefore, his continued incarc6ration would cause undue hardshI-P tO his dependents. The petitioner undertakes to strictly adhere to any condI'tiOnS that may be imposed by this HonJble court. ln light of the foregoing, learned counsel prays that the present petition be allowed in the I'n{ereSt Of justice. 5. Per confra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submittl-ng that the investigatI-On I'S Still underway and several material witnesses remaI-n tO be examined. lt is contended th`at if the petitioner is released on bail a{ thI-S Stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing I'nVeStigation and evading the __a r--ir------S process of law. In view of the foregoing, it is urged that the petition be dismissed. 6. As seen from the record, the petitioner/Accused was indulged in transportation and possession of 2.800 kgs of ganja. Although it is non commercial quantity, the petitioner has been languishing in the jail since 16.06.2025 onwards. Nearly for the past 43 days] he has been in the judicial custody. The investigating officer has not filed charge sheet in this case. Material portion of investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of petitioner(s) influencing or threatening the witnesses or hampering the investigation may not arise. 7. Considering the period of detention undergone by the petitioner in judicial custody for the past 43 days, the nature and gravity of allegation levelled against the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The petitioner/Accused shall be enlarged on bail subject to he executing a personal bonc! for a sum of Rs.10,000/- `=--_--.,._.__. (Rupees Ten Thousand only), wI'th two Sureties each for the €`` i I `t3i T~5.a~`_.. 5 Dr. YLR, J Crl.P.No.7653 of 2025 Dclted 29.07.2025 like sum each to the satisfaction of the learned Additional Judicial First class Magistrate, Yelamanchili. ii. The petitioner/Accused shall appear before the Station House Officer, S.Rayavaram Police Station, Anakapalli District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused shall not leave the limits of the District without prior permisr,ion from the Station House Officer concerned. iv. The petitioner/Accused shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused 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 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dI'SSuade him/her from disclosing such facts to the court or to any police officer. (=tr- -3` -a 6 Dr. crI.P.No.7653 of ±\ Dated 29.07.2O± vii. The petitioner Shall Surrender his Passport, if any, tO the investigating officer. lf he claims that he does not have a passport, he shall submit an affidavit to that effect to the I nvestigating Officer. Accordingly, the Criminal Petition iS allowed. I //TRUE COPY// // sd/- K.TATA RAO DEP#GISTRAR sECT!ON OFFICER To'1 The Speclal Judge for Trlal of the Cases under NDPA Act-Gum-I Addl Distr'lct and Sessions Judge, VisakhaPatnam. 2. The Superintendent, Central JaH VisakhaPatnam. 3. The SHO, S.RayaVaram Police Station, AnakaPalli District. 4 One CC to SRI BALABHADRUNI MANOHARAdvoCate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court Of Andhra pradesh.[OUT] 6. One spare COPY KSR HIGH COURT DR.YLR, J DATED:29/07/2025 BAIL ORDER CRLP.No.7653 of 2025 ALLOWED