« IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV^:^ MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE rPRESENT: \ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7907 OF 2025 A > l'*Srr> iitx Li-' Between: Ruthala Bodakonda alias Nani, S/o Nookaraju, Age 29 years, Neelampeta Village, Ayyanna Colony, Narsipatnam Mandal, Anakapalli District .... Petitioner/Accused No.2 . AND The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of A.P., Amaravathi ....Respondent/Complainant Petition under Section 480 & 483 of BNSS and u/s 37 of NDPS Act, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner/Accused No.2 on bail in connection with Crime No. 19 of 2025 of Nathavaram Police Station.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 SRI PARDHA SARADHI A V Advocate for the Petitioner Prosecutor for the respondent and the Court made the following. Assistant Public ORDER 2 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 petitioner/Accused No.2 on bail in Crime No. 19 of 2025 of Nathavaram Police Station, Anakapalli District registered against the petitioner/Accused No.2 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 19.02.2025 on credible information about illegal possession and transportation of ganja, the Sub Inspector of Police along with his staff and mediators, rushed to Mulagapuri Junction and found some persons in suspicious circumstances. The police apprehended some of the accused while other accused escaped. On inquiry, apprehended accused disclosed their identity. The police seized 122 Kgs of ganja from the possession of the accused under the mediators’ report and registered an FIR. During the investigation, the accused apprehended and remanded to judicial custody on 19.02.2025. were 3. Mr.A.V.Pardhasaradhi, the learned counsel for the petitioner submits that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that petitioner/Accused No.2 is permanent resident of Narsipatnam Mandal of Anakapalli District, Andhra 3 Pradesh and undertakes to strictly adhere to any conditions that may be imposed by this Court. Learned counsel further submits that the petitioner arrested on 19.02.2025 and he has been in the judicial custody for more than 180 days for allegedly indulged in 122 Kgs of ganja transportation and possession and it is urged to enlarge the petitioner/Accused No.2 on bail. was 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor submits that the material part of investigation is completed and the ganja seized from the possession of the petitioner is commercial quantity, and urged to dismiss the bail application. The learned Assistant Public Prosecutor further submits that there are no adverse antecedents against the petitioner/Accused No.2 and no petition was filed before the learned Court below by the learned Public Prosecutor concerned seeking for extension period of judicial custody of the petitioner/Accused No.2 upto one year by indicating the progress of investigation and the specific reasons for the detention of the accused beyond the initial period. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the petitioner/Accused No.2 is that he was in possession of 122 Kgs of ganja which is a commercial quantity. The petitioner was arrested on 19.02.2025 and he has been in the judicial custody for the past 181 days. The allegation against the petitioner/Accused No.2 is that he was the driver of the car in which the A?* 4 contraband was transported. Accused Nos.3 and 5 were already enlarged on bail on 23.06.2025. The petitioner herein has fixed abodes. The charge sheet has not yet been filed. However, material witnesses have been examined by the Investigating Officer. All the witnesses are official witnesses. Therefore, the petitioner threatening the witnesses or hampering the investigation may not arise. 7. Section 36A (4) of ‘the Act’ states that if the investigation is not completed within 180 days, the petitioner/Accused No.2 has an indefeasible right to bail, unless the Special Court extends the period up to one year on the report of the Public Prosecutor, indicating the progress of the investigation and specific reasons for the detention of the accused beyond the initial period. 8. Considering the nature and gravity of the offence and his alleged role played in the case, and the period in judicial custody more than statutory period, this Court is inclined to enlarge the petitioner/Accused No.2 on bail with the following stringent conditions: i. The petitioner/Accused No.2 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty thousand only), each with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam. ii. The petitioner/Accused No.2 shall appear before the Station House Officer, Nathavaram Police Station, on every 5 Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court, iii. The petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. The petitioner/Accused No.2 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. IV. V. The petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any person VI. 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 petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. 9. Accordingly, the Criminal Petition is allowed. / SD/-B.PRA: ASSISTANT R P RAO ilSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Additional Judicial First Class Magistrate, Narsipatnam. 2. The Metropolitan Sessions Judge, Visakhapatnam. 3. The Superintendent, Cetral Jail, Visakhapatnam. 4. The SHO, Nathavaram Police Station, Anakapalli District. 5. One CC to SRI. PARDHA SARADHI A V Advocate [OPUC] 6. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh.[OUT] 7. One spare copy ksr I HIGH COURT DR.YLR, J DATED: 18/08/2025 BAIL ORDER CRLP.No.7907 of 2025 ALLOWED //o ^ « ' -k c/* ★ . 1