V-. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA TUESDAY, THE TWELFTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8174 OF 2025 Between: Jonnakuti Uday Kiran @ Joseph Uday Kumar, S/o.Paul Sijith, Aged about 21 years, R/o.D.No.15/217, Anandpeta, Machilipatnam Krishna District, AP. ...Petitioner/A-3 AND The State of Andhra Pradesh, Through S.H.O, Chilakalapudi Police Station, Machilipatnam, Krishna District, Rep.by Public Prosecutor, High Court of Andhra Pradesh, at Amaravati. ...Respondent/Complainant Petition under Section 480 and 483 of BNSS, 2023 (Previously 437 & 439 of Cr.P.C) is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.3 on bail, in connection with the Crime No.63 of 2025 of Chilakalapudi Police Station, Machilipatnam, Krishna District; The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri Akula Vamsi Krishna, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following; 2 I Dr. YLh, Crl.P.No.8174 of 202s Dated 12.08.2025 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 petitioner/Accused No.3 on bail in Cr.No.63 of 2025 of Chilakalapudi UPS Police Station, Krishna District, registered against the petitioner/Accused No.3 herein for the offences punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). The case of the prosecution is that on 11.04.2025, at about 14:30 hours, on receipt of credible information regarding illegal possession of ganja, the Sub-Inspector of Police, Chilakalapudi Police Station, along with his staff, secured the presence of mediators, rushed to Machavarammettu, Machilipatnam, and caught the Accused in possession of ganja. On questioning, the accused voluntarily confessed to having committed the offence. They were found in possession of 25.62 kgs of ganja. The contraband was seized under a mediatornama, and the accused arrested and remanded to judicial custody. 2. were 3 Dr. YLR, J Crl.P.No.8174 of2025 Dated 12.08.2025 3. Mr. Akula Vamshi Krishna, the learned counsel for the petitioner 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 strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. to 4. Per contra, 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, it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner was found in possession of 1.855 kgs of ganja, which is a non-commercial quantity. Even the learned Assistant Public Prosecutor also confirmed the same. Based on the confession of the co-accused, the petitioner was shown as an accused. The 4 Dr. YL. Crl.P.No.8174 of 261. Dated 12.08.2025 petitioner/Accused No.3 was arrested on 11.04.2025 and has been in judicial custody for the past 123 days. The learned Assistant Public Prosecutor has reported that there are no adverse antecedents against the petitioner. 7. Considering the period of detention undergone by the petitioner i;. judicial custody for the past 123 days, the nature and gravity of allegation levelled against the petitioner, and his alleged role played in this case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: in The petitioner/Accused No.3 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum each to the satisfaction of the learned II Additional Judicial First Class Magistrate at Machilipatnam. ii. The petitioner/Accused No.3 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. I. iii. The petitioner/Accused No.3 shall not leave the limits of the District without prior permission from the Station House Officer concerned. 5 Dr. YLR, J Crl.P.No.8174 of2025 Dated 12.08.2025 iv. The petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.3 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. vi. The petitioner/Accused No.3 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. 8. Accordingly, the Criminal Petition is allowed. SD/- K.SRINIVASA RAJU ASSISTANT^EGISTRAR //TRUE COPY// SECTION OFFICER For To, 1. The II Additional Judicial First Class Magistrate at Machilipatnam. 2. The Superintendent, Central Prison, Nellore. 3. The Station House Officer, Chilakalapudi Police Station, Machilipatnam, Krishna District. 4. One CC to Sri. Akula Vamsi Krishna, Advocate [OPUC] 5. Two CGs to Public Prosecutor, High Court of AP [OUT] 6. One spare copy HIGH COURT Dr.YLR,J DATED:12/08/2025 ORDER CRLP.No.8174 of 2025 ALLOWED