IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FOURTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7846 OF 2025 * 5 * / .4-:v / Between; Korra Kishna, S/o Eswara Rao (Late), 31 years, R/o Krishnapuram village, Vanjari Panchayat, G.Madugula Mandal, Alluri Sitharama Raju District. ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent Petition under Sections 437 & 439 of Cr.P.C and Sections 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.3 on bail pending disposal of Crime No.65/2022 of Narsipatnam Town P.S., Anakapalli District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Adapa Sudhakar Rao, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following APHC010384082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE [3521] PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7846/2025 Between: Korra Kishna ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.ADAPA SUDHAKAR RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/accused No.3 on bail in Crime No.65 of 2022 of Narsipatnam Town Police Station, Anakapalli District, registered for the 2 offences punishable under Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). 2. The prosecution’s case, in a nutshell is that on 26.03.2022, at approximately 17:00 hours, the Sub-Inspector of Police from Narsipatnam Town Police Station, Vishakhapatnam, along with his staff and mediators. reached Krishna Bazar, Narsipatnam, and apprehended the accused, who was found in possession of 8 kgs of ganja in two stick-hand bags. Then the Sub-Inspector of Police arrested the accused and seized the 8 kgs of ganja in the presence of the mediators under the cover of mediators report. 3. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent/State. Perused the material on record. Sri Adapa Sudhakar Rao, the learned counsel for the petitioner/A3 4. 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 family and, therefore, his continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Hon’bleCourt. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 3 Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting- that the petitioner was found in possession of 8 kgs of ganja along with other accused, which is not a commercial quantity. 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, it is urged that the petition be dismissed. 5. 6. The records indicate that the petitioner was involved in the possession of 8 kgs of ganja along with the other accused. Although the learned Assistant Public Prosecutor submits that the petitioner is also involved in another offence of a similar nature, the petitioner has been in jail for the past 99 days, having been arrested on 25.04.2025. The case is of the year 2022. Keeping the petitioner in jail for an extended period would not serve any purpose, especially considering that the contraband involved is not of commercial quantity. The question of the petitioner threatening witnesses, tampering with evidence, or hampering the investigation does not arise, as all witnesses are official. 7. The learned Assistant Public Prosecutor further submits that the charge sheet was filed on 08.06.2025. Keeping the petitioner in judicial custody for an 4 indefinite period would serve time before this case is taken no practical purpose, as it will take considerable up for trial by the learned Special Court. If the petitioner is granted bail, certain conditions, in the interest of justice, would be appropriate. 8. Considering the entire gamut of the case, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent conditions; The petitioner/accused No.3 shall be released executing a personal bond for Rs. 10,000/- (Rupees ten thousand only) with two (02) sureties for a like sum each, to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam; ii. After release, the petitioner shall attend before the learned trial Judge on each and every adjournment and shall trial; I. on bail upon cooperate with the iii. The petitioner/accused shall not leave the limits of the District without prior permission from the Station House Officer concerned; The petitioner/accused shall not commit or indulge in the commission of any offence in the future; V. 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 dissuade them from disclosing such facts to the Court or any police officer. IV. 5 In the result, the criminal petition is allowed. 9. SDI- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The I Additional District & Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District. 3. The Station House Officer, Narsipatnam Town Police Station, Anakapalli District. 4. One CC to Sri Adapa Sudhakar Rao, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.P. Amaravati.[OUT] 6. One spare copy. PSD HIGH COURT DR.YLR,J DATED:04/08/2025 BAIL ORDER CRLP.No.7846 of 2025 ALLOWED