IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE EIGHTEENTH DAY'OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8361 OF 2025 Between: 1. Kota Akash alls Aasi, S/o. Kishore Aged 20 years, R/o. Surya Restaurant Road Rajupet, Tiruvuru Town and Mandal, NTR District. 2. Nagula Vaishav Kumar alias Chandu, S/o. Chennakesavulu Aged 19 years, R/o. Polisettipadu Village, A.Konduru Mandal, NTR District. Petltioners/Accused-1 & 2 AND The State of Andhra Pradesh, Rep. by Public Prosecutor High Court of Andhra Pradesh, At Amaravati Through SHO, Tiruvuru Police Station, NTR District Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners No.1 & 2 / Accused No. 1 & 2 on bail in connection with Crime No. 186 of 2025, dated 08.07.2025 on the file of Tiruvuru Police Station, NTR District COUNSEL FOR THE PETITIONER : SRI. K V ADITYA CHOWDARY COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER 2 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to enlarge the petitioners/accused Nos. 1 and 2 on bail in crime No. 186 of 2025 of Tiruvuru Police Station, NTR Commissionerate registered for the offence punishable under Section 8 (c) read with Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Case of the prosecution is that on 08-07-2025 at 2.30 p.m. near the dilapidated NSP Quarters on bypass road, Tiruvuru, on credible information about illegal transportation of Ganja, the Sub Inspector of Police along with his staff and mediators found the petitioners along with accused Nos. 3 to 5 in possession of 5 K.Gs. of Ganja. Thereafter, the contraband was seized under a cover of mediatornama and accused Nos. 1 to 5 were arrested and remanded to judicial custody. 3. Sri K.V.Aditya Chowdary, learned counsel for the petitioners, contends 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 continued incarceration would cause undue hardship to their dependents. The petitioners undertake to 3 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. Per contra, Ms. Akhila Naidu, learned Assistant Public Prosecutor, 4. 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 are 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, it is urged that the petition be dismissed. Heard learned counsel for the petitioners and learned Assistant Public 5. Prosecutor. Perused the record. 6. As seen from the record, the petitioners-accused Nos. 1 and 2 were allegedly found in possession of 5 K.Gs. of Ganja which is not a commercial quantity. They were arrested on 08-07-2025 and they have been in judicial custody for the past 42 days. The petitioners are permanent residents of Tiruvu Town and Mandal. The material witnesses in this case have been examined. The material part of the investigation is also completed. Therefore, the petitioners may not have any chances of tampering the evidence or threatening the witnesses. 4 7. Considering the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioners-accu sed Nos. 1 and 2, this Court is inclined to enlarge them on bail with the following stringent f conditions: i. The petitioners/accused Nos. 1 and 2 shall be enlarged on bail subject to their executing each 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 learned Additional Judicial First Class Magistrate, Tiruvuru; ii. The petitioners/accused Nos. 1 and 2 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 Trial Court; iii. The petitioners/accused Nos. 1 and 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned; iv. The petitioners/accused Nos. 1 and 2 shall not commit or indulge in commission of any offence in future; V. The petitioners/accused Nos. 1 and 2 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required; and 5 Vi. The petitioners/accused Nos. 1 indirectly, make any inducement, threat 3cquainted with the facts of the from disclosing such facts to the court Accordingly, the Criminal Petition is allowed. and 2 shall not, directly or promise to any person or case so as to dissuade him/her or to any police officer. 8. SD/. G.HELANAIDU 13TRAR SECTION OFFICER ASSISTANT R //TRUE COPY// F To. 1. The Additional Judicial First Class Magistrate, Tiruvuru 2. The Superintendent, Nellore Central Jail Nellore 3. The Station House officer, Tiruvuru Police Station 4. One CC to SRI. K V ADITYA CHOWDARY Advocate 5. Two CCs to PUBLIC PROSECUTOR 6. One spare copy , NTR District [OPUC] High Court of A.P[OUT] HIGH COURT DR.YLR,J DATED: 18/08/2025 BAIL ORDER CRLP.No.8361 of 2025 ALLOWED 1 9 WG 205 .7 0 i O S?»j