lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY SECOND DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8260 OF 2025 Betwee n : Kethavaram Bennibabu @ Kayyam Benn-lbabu @ Benni, S/o.Sattibabu, Hindu, aged 35 years, News Reporter, Venkayyagaripeta] Annavaram, chodavaram Mandal, Anakapalli District-531 036 petitioner/Accused 3 AND The State of Andhra Pradesh, Station House Officer Butchiyyapeta police Slat-Ion Butchiyyapeta Mandal, Anakapalli District, Rep by Public Prosecutor, High Court, Amaravathi. Respondent/Complainant petition under section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed -ln support of the petition, the H'lgh court may be pleased to grant Regular Bail in Cr No.59/2025 Dated-.05-05- 2025 of Butchiyyapeta Police Station, Butchiyyapeta Mandal, Anakapalli District, on any terms and condition. The petition com-lng on for hearing, upon Perusing the Petition and the aff'ldaVit filed in support thereof and upon hearing the arguments of Sri. SIVANANDA VADAPALLI Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent; The Court made the following ORDER: Dr. YLR, J Crl.P.No.8260 of 2025 Dated 22.08.2025 The Court made the foIIowi`ng: ORDER: The CrimI'naI Petition has been fI'Ied under Sections 437 and 439 of the Code of Criminal Pro9edure, 1973 (for brevity fthe cr.p.c.I)/ sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS]), seekl-ng to enlarge the petitioner/Accused No.3 on bail in Cr.No.59 of 2025 of Butchiyyapeta police station, Anakapalli District, registered agains{``the petitioner/Accused No.3 herein for the offences A Punishable under SectI-On 20 (b)(ii)(C), 25 read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity fthe NDPS Act]), 2. The case of the prosecution is that on o5.05.2025 at about 14.00 hours, on receI'Pt Of Credible I'nfOrmatI'On regardI'ng the illegal possession and transportation of ganja, the sub-Inspector of police, Butchiyyapeta Police Station, along with his staff a.ld mediators, rushed to AithampJudI| Village Junction and apprehended Accused Nos.1 and 2. From the confessional statements of both the accused, it was revealed that Accused No.3, who is currently absconding, had arranged for the supply of liquid ganja, which was sold to Accused Nos.1 and 2. On 05.05.2025, Accused Nos.1 and 2 had taken 2.490 kgs of liquid ganja from Accused No.3 and, while proceeding towards Ravikamatham via Butchiyyapeta village on the motorcycle of Accused No.1, they were apprehended by the polI'Ce in the Dr. YLR, J Crl.P.No.8260 of 2O25 Dated 22.08.2025 Presence Of mediators. Subsequently, the police seized 2.490 kgs of liquI'd ganja, a Honda Shine motorcycle, and mobile phones. The accused were arrested and remahded to judicial custody. 3. Sri Vadapalli Sivananda, the learned counsel forthe petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the poll'ce, lt Its further Submitted that the petl-tioner is the sole earning member of the family and, therefore, hI-S incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere A 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. Perconfra, 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. lt is contended that if the petitioner l's released on bail at this stage, there is a strong lI|kelihOOd that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petitI'On be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. \ ` Dr. YLR, J CrI.P.No.8260 of 2O25 Dated 22.08.2O25 6. As seen from the record, the Petitioner/Accused No.3 was allegedly indulged 'ln dealing with 2.4'90 kgs of liquid ganja. The petitioner has been languishing in jail since 06.05.2025. Nearly for the past 110 days he has been in judicial custody. Based on the confession of Accused Nos.1 and 2, the petit-loner is arraigned as an accused in this case. The learned Assistant public prosecutor submits that there is one lPC case registered against the petitioner. charge sheet has already been filed in this case. lt takes , considerable length of time for the learned Trial Court to take up the trial and \ dispose of the case. Keeping the petitioner in judicial custody t'lll such time would not serve any purpose, and if certain str'lngent conditions are imposed for securing his presence before the learned Trial Court, it would meet the ends of justice. 7. Considering the facts and Circumstances Ofthe Case, completion Of the 'lnvestigation and filing of the charge sheet, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The pet'ltioner/Accused No.3 shall be enlarged on bail subject to he executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties each for the like Sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Chodavaram. ii. The petit'lOner/Accused No.3 shall appear before the t`..a I --_,- Station House Officer concerned on every Saturday in between Dr. YLR, I CrI.P.No.8260 of 2025 Dclted 22.08.2025 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.3 shall not leave the limits of the District without prior permissior. from the Station House Officer concerned. 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 Aofficer 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 I. 1lEL 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/-G.HELANAIDU ASSISTANT N OFFICER //TRUE COPY// To, I 1. The.Additional Judicial First class Magistrate at Chodavaram. 2.' .The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Butchiyyapeta Police 'Station, Butchiyyapeta I Mandal, Anakapal]i District. 4.l' One CC to Sri. SIVANANDA VADAPALLl, Advocate [OPUC] HIGH COURT DR.YLRI J DATED : 22/08/2025\ I BAIL ORDER CRLP.No.8260 of 2025 ALLOWED O£-_._r