V IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ■6' MONDAY, THE ELEVENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8062 OF 2025 y. '■K /- K '-NC ■i - -4 yf Between: Karri Santosh Kumar @ Santosh Pandulodu, S/o Pydi Raju, Age 33 years, R/o D.No.59-4-37, Palli Street, Near Hanuman Temple, Malapuram, Visakhapatnam City. .. .Petitioner/Accused AND The State of Andhra Pradesh, through Station House officer, Gajuwaka Station, Visakhapatnam Rep. by Public Prosecutor, High Court at Amaravati. ...Respondent Petition under 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 release the Petitioner/Accused on bail in connection with Crime No. 248 of 2025 of Gajuwaka Police Station, Visakhapatnam. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Ramineni Sudheer, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following 2 Dr. YLRJ Crl.P.No.8062_2025 Dull.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 BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity the BNSS’), seeking to enlarge the petitioner/Accused on bail in Cr.No.248 of 2025 of Gajuwaka Police Station, Visakhapatnam registered against the petitioner/Accused herein for the offences punishable under Section 8(c) read with 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 05.06.2025, the Sub Inspector of Police, Gajuwaka Police Station along with his staff and mediators rushed to the scene of offence and found one person along with bag in suspicious circumstances. The police caught and found 2 KGs of ganja. The police seized 2 Kgs of ganja under the cover of a mediatornama and registered an FIR. During the investigation, the accused was apprehended and remanded to judicial custody on 05.06.2025. 3. Mr.R.Sudheer, 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 permanent resident of Visakhapatnam city and undertakes to strictly adhere to any conditions that may be imposed by this Court. Learned counsel further submits that the 3 Dr.YLR.I Crl.P.No.8062_2025 Dt:ll.08.2025 petitioner was arrested on 05.06.2025 and he has been in the judicial custody for allegedly indulged in 2 Kgs of ganja transportation and possession and urged to enlarge the petitioner/Accused on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor further submits that some more material witnesses have to be examined and investigation is not yet completed and it is urged to dismiss the bail application. 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 who is the sole accused in the case is that he was indulged in possession of 2 Kgs of ganja which is not a commercial quantity. Lerned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioner. The petitioner is permanent resident of Malapuram, Visakhapatnam City. The petitioner was arrested on 05.06.2025 and he has been in judicial custody for the past 67 days. Until the guilt is proved, the petitioners/ accused shall be presumed to be innocent. The petitioner has got fixed abode. Considering the nature and gravity of the offence and his alleged role 7. played in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: 4 Dr. YLR.J Crl.P.No.8062_2025 Dt:11.08.2025 i. The petitioner/Accused shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.10,000/- (Rupees Ten thousand only), with two sureties for the like sum each to the satisfaction of the learned III Additional Chief Judicial Magistrate at Gajuwaka, Visakhapatnam. The petitioner/Accused shall appear before the Station House Officer, Gajuwaka Police Station, Visakhapatnam, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. The petitioner/Accused shall not leave the limits of the ill. District without prior permission from the Station House Officer concerned. The petitioner/Accused shall not commit or indulge in IV. commission of any offence in future. The petitioner/Accused shall cooperate with the V. investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. The petitioner/Accused shall not, directly or indirectly. VI. 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. 5 Dr. YLR,J Crl.P.No.8062^2025 Dt:11.08.2025 vii. The petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 8. Accordingly, the Criminal Petition is allowed. SD/- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Gajuwaka Police Station, Visakhapatnam. 4. One CC to Sri Ramineni Sudheer, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] 6. One spare copy. Additional Chief Judicial Magistrate at Gajuwaka, PSD V-v HIGH COURT DR.YLR,J DATE: 11/08/2025 BAIL ORDER CRLP.No.8062 of 2025 ALLOWED