IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA^^^^^^ fel*" . SATURDAY, THE THIRTIETH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7897 OF 2025 .-^1 V Between: 1. Avala Manikanta, S/o Leva Raju, Aged about 21 years, Prakash Nagar Colony, Moolapeta Village, U.Kothapalli Mandal, Kakinada District. 2. Tholem Raju, S/o Lova Raju, Aged about 20 years, Prakash Nagar Colony, Moolapeta Village, U.Kothapalli Mandal, Kakinada District. ...Petitioners/Accused Nos.3 and 4 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati. ...Respondent/Complainant Petition under Section 187, 480 & 483 of BNSS, 2023(Section 439 of Cr.P.C.), 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 Petitioners/Accused Nos. 3 and 4 on regular Bail in Crime No.63 of 2025 of Biccavole Police Station, East Godavari District for the offences punishable under Sections 8(c) read with 20 (b) (ii) (C) of Narcotic Drugs and Psychotropic Substance Act, 1985. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri R.Yella Reddy, Advocate for the Petitioners and of Public Prosecutor for Respondent, the Court made the following 2 Dr. YLR, J Crl.P.No.7897 of2025 Dated 30.08.2025 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.3 and 4 bail in Cr.No.63 of 2025 of Biccavole Police Station on East Godavari, registered against the petitioners/Accused Nos.3 and 4 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 07.04.2025 at about 11:00 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 while he was found in possession of 21.080 Kgs of ganja a plastic bag. The contraband, along with a vehicle and a mobile phone, was seized under the cover of a mediators’ report, report, it was revealed that Accused No.2 had handed over the ganja to in Based on the said Dr. YLR, J Crl.P.No.7897of2025 Dated 30.08.2025 Accused No.1. Accused No.1 was arrested on 07.04.2025, and Accused 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 R.Yella Reddy, the learned counsel for the petitioners contend that the petitioners are innocent of the alleged offence and have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake 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 contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners released on bail at this stage, there is a strong likelihood that they 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. are 4 Dr. YLR, J Grip.No.7897 of2025 Dated 30.08.2025 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/Accused Nos.3 and 4 were arrested on 23.04.2025 and produced on execution of P.T. Warrant. The crime was registered on 07.04.2025. The inventory has been completed and the charge sheet has also been filed. The case against the petitioners/Accused Nos.3 and 4 came to light based on the confession of Accused Nos.1 and 2. The petitioners/Accused Nos.3 and 4 have been in judicial custody for the past 128 days. This Court in Crl.P.No.7696 of 2025 vide order dated 28.08.2025, granted bail to Accused No.1. Considering the period of detention undergone by the petitioners/Accused Nos.3 and 4 in judicial custody for the past 128 days, the nature and gravity of allegations levelled against the petitioners, and 7. their alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: i. The petitioners/Accused Nos.3 and 4 shall be enlarged on bail subject to they executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned I Additional Sessions Judge, Rajamahendravaram. 5 Dr. YLR, J Crl.P.No.7897 of 2025 Dated 30.08.2025 The petitioners/Accused Nos.3 and 4 shall appear before the learned Trial Court on each and every adjournment. ill. The petitioners/Accused Nos.3 and 4 shall not leave the limits of the District without prior permission from the learned Trial Court. The petitioners/Accused Nos.3 and 4 shall not commit or indulge in commission of any offence in future. The petitioners/Accused Nos.3 and 4 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 IV. V. officer. Accordingly, the Criminal Petition is allowed. 8. .__f*^^-G-HELANAIDU assistant i SECTION OFFICER f^GISTRAR //TRUE COPY// To, 1. The Special Sessions Judge for Trial of the Cases under the Narcotic Drugs and Psychotropic Substance Act, 1985 cum I Additional Sessions Judge, East Godavari District, Rajamahendravaram. 2. The Station House Officer, Biccavole Police Station, East Godavari District. 3. One CC to Sri R.Yella Reddy, Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] 5. One spare copy. PSD HIGH COURT DR.YLR,J DATE: 30/08/2025 BAIL ORDER CRLP.No.7897 of 2025 ALLOWED