IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE I[ PF3_ESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7696 OF 2025 Between: Marukutti Surya Prakash, o.Nooka Raju, A/24 years, C/ Yadava, Kothaveedhi, Narsipatnam (V), (M) I... petitioner/Accused No.fi AND The State Of Andhra Pradesh, Through the Station House Officer, Biccavole P.S, East Godavari District, Represented by Public Prosecutor, High court of Andhra Pradesh ....Respondent petition under section 480 & 483 of BNSS is filed, praying that in the circumstances stated -ln the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant him ba'll On Such terms and conditions as deemed fit directing his enlargement in Crime No. 63 of 2025 of Biccavole P-S- The petition coming on for hearing, upon Perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments Of SRI DUGGIRALA SUBASH Advocate for the Petitioner, Assistant Public prosecutor for the respondent and the Court made the following. ORDER ` €Li=t==ai- _ i+ CrI.P.No.765` Dclted 28.OL The Court made the following: ORDER: The Criminal Petition has been fI-led under SectI|OnS 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity {the Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Su-raksha Sanhita, 2023 (for brevity lthe BNSS]), seeking to enlarge the petitioner/Accused No.1 on bail in Cr.No.63 of 2025 of Biccavole PQIice Station, East Godavari, registered against the petitioner/Accused No.1 herein for the offences punishable under Section 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 of the prosecution is that on o7.04.2025 at about ll:00 hours, on receipt of credible information regarding illegal possession and transportation of ganja, the Sub-Inspector of Police, Biccavole Police Station, along with his staff and mediators, proceeded to a vacant site near Government House Sites Layout-2, beside the Biccavole-Sitarama Tank Bund Road, and conducted vehicle checking. The police apprehended Accused No.1 whI'Ie he was found in possession of 21.080 Kgs of ganja in a plastic bag. The contraband, along with a vehicle and a mobile phone, was seized under the cover of a mediatorsJ report. Based on the saicl report, i{ was revealed that`#A£JCuSed No.2 hac! handec! over the ganja to Accused No.1. Accused No.1 was arrested on o7.04.2025, a`nd Accused EZ Dr. YLR, I CrI.P.No.7696 of 2025 Dclted 28.08.2025 /~ No.2 was arrested on 08.04.2025. During interrogation, both Accused Nos.1 and 2 confessed that the contraband was procured at the instance of Accused Nos.3 and 4. 3. Sri Duggirala Subash, the learned counsel for the petitioner contends that the petI'tiOner iS innocent Of the alleged Offence and has been falsely implicated by the police. [t is further submitted that the petitioner is the sole earning member of the family and, `therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per confra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, -there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the Process Of law. In view of the foregoing submissions, it is urged that the petition be dismissed. e .l'`` -\\ 4 Dr. YLR, I CrI.P.No.7696 of 2025 Dated 28.08.2025 5. Heard the learned counsel for the petitioner and the learned AssI-Slant Public Prosecutor. perused the record. 6. As seen from the record, the pe{itI-Oner/Accused No,1 was arrested on o7.04.2025. He has been in judicial custody for the past 140 days. He was allegedly I'ndulged in deaII'ng WI'th 21.080 Kgs of ganja. 'After the investigatI'On Was completed, the POIice fI'led a charge sheet and the same was numbered as S.C.NDPS No.351 of 2025. The petitioner/Accused No.1 is a resI-dent Of Kothaveedhi, Narsjpa{nam. The pe{itI'Oner has got fI'Xed abode. 7. AIthough the learned Assistant Public Prosecutor submits that there are four adverse antecedents reported agal'nst the petitioner, one js under the provisions of fthe NDPS Act' and the other three cases are under the PrOViSI-OnS Of fthe IPC', unless the guilt of the petitioner is proved in those cases beyond reasonable doubt, he is presumed to be innocent. It will take considerable length of time .for the learned Trial Court to take up the matter and dispose of the same in accordance with law. Until such time, keeping the petitioner I-n judI'Cial custody would not serve any purpose. lf certain conditions are I'mPOSed, the presence of the petitioner during the trial would be secured and the interest of justice would be sub-served. The charge sheet has already bgLePS filed. A" the witnesses of the prosecution are I.---per, I- • . . =LL=t-_-+T= Dr. YLR, I CrI.P.No.7696 of 2025 Dclted 28.08.2025 official witnesses. Hence, the question of the petitioner influencing or threatening the witnesses or hampering the investigation may not arise. 8. Considering the period of detent'lon undergone by the petitioner/Accused No.1 in judicial custody for the past 140 days, the nature and gravi{y'of allegations levelled against the petitioner, and his alleged role played in the case, this Court is incl'lned to enlarge the petitioner on bail with the following stringent 6onditions: i. The petitioner/Accused No.1 shall be enl?rged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned I Additional Sessions Judge, Rajamahendravaram. ill. The petitioner/Accused No.1 shall appear before the learned I Additional Sessions Judge, Rajamahendravaram, on each and every adjournment. iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the learned Trial Court. iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. € -.al-' Dr.YLR,J `= Crl.P.No.7696 of 2025 Dated 28.08.2025 v. The petitioner/Accused No.1 shall not, directly or 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. 9. Accordingly, the Criminal Petition is allowed. SD/-GIHELANAIDbl ASSISTAINT RE SECTION OFFICER //TRUE-COPY// To] 1. The let Additional Session Judge at Rajamahendravaram. 2. The SuperI'ntendent, Central prison at Rajamahendravaram. 3. The Station House officer, Biccavole P.S, East Godavari District. 4. One CC to SRI. DUGGIRALA SUBASH Advocate [opuc] 5. Two CCs to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh.[ouT] 6. One spare copy ksr Ir .I- HIGH COURT DR.YLR, J DATED : 28/08/2025 BAIL ORDER CRLP.No.7696 of 2025 ALLOWED