IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7782 OF 2025 Between: 1. Padala Viswa Teja, S/o.Sudhakar, Age 21 years, C/Kapu, R/o.Ravichettu Centre, Hukumpeta, Rajamahendravaram Rural Mandal. 2. Uyyuri Sudheer, S/o.Srinu, Age 22 years, C/Padmasali, R/o.Ravi chettu Centre, Hukumpeta, Rajamahendravaram Rural Mandal. ...Petitioners/Accused No.3 & 5 AND The State of Andhra Pradesh, through the Station House Officer, Bommuru P.S., Rajamahendravaram East Godavari District, Represented by Public Prosecutor, High court of Andhra Pradesh. ...Respondent Petition under Section 480 & 483 of BNSS/437 & 439 of Cr.P.C. is filed 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 grant them bail on such terms and conditions as deemed fit directing their enlargement in Crime No. 207 of 2025 of Bommuru Police Station. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI DUGGIRALA SUBASH Advocate for the Petitioners,and of PUBLIC PROSECUTOR for Respondent, and the Court made the following ORDER: Dr. YLft, J Crl.P.No.7782 2025 Date: 11.08.2025 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 ‘the Cr.P.C.’)/ Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.3 & 5 on bail in Cr.No.207 of 2025 of Bommuru Police Station, Rajamahendravaram, registered against the petitioners/Accused Nos.3 & 5 herein for the offences punishable under Section 8(c) read with 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 19.06.2025 at about 11.00 A.M, at a vacant place behind Jana Chaitanya Arch, Hukumpeta Panchayat, Rajamahednravaram Rural, the petitioners/Accused Nos.3 & 5 along with other accused were apprehended while they were in possession of 4 Kgs of ganja in a polythene cover. The police seized 4 kgs of ganja under the cover of a mediatornama and registered an FIR. During the investigation, the accused were apprehended and remanded to judicial custody on 19.06.2025. Mr.Duggirala Subash, the learned counsel for the petitioners contends that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners permanent residents of Rajamahendravaram and undertake to strictly adhere 3. are 3 Dr. YLR, J Crt.P.No.7782_2025 Date: 11.08.2025 to any conditions that may be imposed by this Court. Learned counsel further submits that the petitioners were arrested on 19.06.2025 and they have been in the judicial custody for allegedly indulged in 4 Kgs of ganja transportation and possession and urged to enlarge the petitioners/Accused Nos.3 & 5 on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor further submits that petitioner No. 1/Accused No.3 was involved in two crimes for the offences under Indian Penal Code. The petitioner No.2/ Accused No.4 is involved in one crime i.e. offence under ‘NDPS Act’, and urged to dismiss the bail application. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioners were indulged in 4 Kgs of ganja which is not a commercial quantity. The petitioners were arrested on 19.06.2025. They have been in the judicial custody for the past 53 days. The remand report shows that petitioner No. 1/Accused No.3 was indulged in two crimes, but they are pertaining to ‘Indian Penal Code’. The petitioner No.2/Accused No.5 was indulged in one crime relating to NDPS offence in Crime No. 190 of 2024 of Prakashnagar Police Station. Until the guilt is proved, the petitioners/ accused shall be presumed to be innocent. 4 Dr. YLR, J Crl.P.No.7782_2025 Date: 11.08.2025 Considering the nature and gravity of the offence and their alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions; 7. i. The petitioners/Accused Nos.3 & 5 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs. 10,000/- (Rupees Ten thousand only), each with two sureties for the like sum each to the satisfaction of the learned VI Additional Judicial First Class Magistrate, Rajamahendravaram. ii. The petitioners/Accused Nos.3 & 5 shall appear before the Station House Officer, Bommuru Police Station, Rajamahendravaram, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioners/ Accused Nos.3 & 5 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioners/ Accused Nos.3 & 5 shall not commit or indulge in commission of any offence in future. The petitioners/ Accused Nos.3 & 5 shall cooperate with the investigating officer in further investigation of the case and IV. V. shall make themselves available for interrogation by the ! investigating officer as and when required. 5 Dr. YLR, 1 Crl.P.No.7782_2025 Date: 11.08.2025 Th© p6tition6rs/ Accussd Nos.3 & 5 shall not, dirsctly indirectly, make any inducement, threat or promise to any person 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, vii. The petitioners/ Accused Nos.3 & 5 shall surrender their passport, if any, to the investigating officer. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. Accordingly, the Criminal Petition is allowed. VI. or 9. Sd/- K.TATA RAO DEPUTY.REGISTRAR //TRUE COPY// SECTION OFFICER For i To, th 1. The 6 Additional Judicial First Class Rajamahendravaram, East Godavari District. 2. The Superintendent, Central Prison at Rajamahendravaram Godavari District. Magistrate at East 3. The Station House Officer, Bommuru P.S., Rajamahendravaram, East Godavari District. 4. One CC to SRI. DUGGIRALA SUBASH, Advocate [OPUC] 5. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OPUC] 6. One spare copy KN HIGH COURT DR.YLR.J DATED:11/08/2025 ORDER CRLP.No.7782 of 2025 ALLOWED O c_> 12 WS