\qt> lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE : PRESENT|. THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIMINAL PETITION NO-. 8275 OF 2025 Betwee n : 1. Rajesh Naik, S/o. Chandeswar Naik, Aged about 38 years, Occ: Daily Labour, R/o. Karandia, Patna (PO), Raghunadpuram, K.Patna District, Odisha State. \ 2. Maheswar Murudi, S/o. GajeAndra Murudi, Aged about 38 years, Occ: Daily Labour, R/o. Nagapur, Goba taluka, Puri District, Odisha State. petitioners/Accused Nos. 2 to 4 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. Respondent petition under section 480 and 483 of BNSS praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant them Regular Bail in connection with cr-lme No. 97 of 2025 of Ongole I Town Police Station, Prakasam District. counsel for the petitioner: Sri Kishore Kumar Katari counsel for the Respondent: Public Prosecutor THE COURT MADE THE FOLLOWING ORDER ORDER: Dr.YLR, J Crl.P.No.8275 of 2025 Dated 14.08.2025 The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure,1973 (for brevity [the Cr.P.C.J)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking to enlarge the petitioners/Accused Nos.2 & 4 on bail in Cr.No.97 of 2025 of Ongole I Town Police station, prakasam District, registered against the petitioners/Accused Nos.2 & 4Aand Others for `the OffenCeS Punishable under Sections 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic substances Act,1985 (for brevity {the NDPS ActJ). 2. The case of the prosecution is that on 17.06.2025 at.16.00 hours, on receiving credible information about illegal transportation of Ganja by the complainant/Tahsildar, Ongole, the Inspector of Police, I Town Police Station along with their staff and mediators proceeded near to Ramalayam, Srigiri Hill, Seetharampuram, Ongole Town on the North-East corner and found Accused Nos.1 to 5 in possession of 5 KGs of Ganja worth of Rs.25,000/-. The police arrested Accused Nos,1 to 4, whereas Accused No.5 escaped from the scene of offence. A case was registered and Accused Nos.1 to 4 were remanded to I judicial custody. The contraband was seized under the cover of mediators report. '`\ 3. Sri Kishor6'+a`Kumar Katari, the ,learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely \\. 3 Dr.YLR, J CrI.P.No.8275 of 2025 Dated 14.08.2025 implicated in this case; they are living by doing co6lie works and they are the sole breadwinners of their family; they are languishing in jail since 46 days; they are ready to abide any conditions to be imposed by this court; and urged to enlarge the petitioners on bail. 4. Per confra, Ms. P. AkhI-Ia Naidu, the learned Assistant -Public Prosecutor, submits that the petitioners herein_ along with other accused are found in possession of 5 KG.s of-Ganja; they are purchasing Ganja from Odisha State and se'IIing the same to edicts on higher price,- if the petitioners I are enlarged on bail, they would commit more offences of similar nature; -and urged to dismiss the bail p'eti{ion. 5. Perused the record. 6. As seen from the record, the petitioners/A2 and.A4 were arrested on 18.06.2025 and they have been -in judicial custody for the past 45 days. The petitioners were in total found in possession of 5 KGs of Ganja which is not a commercial quantity. It is submitted by the learned Assistant Public Prosecutor that so far 3 witnesses have been examined and all the witnesse`s are official witnesses. Since all the withesses are official witnesses, the question of petitioners threatening the-witnesses orhampering the I-nVeStiga,lion WOu]d not, arise- {',- 4 Dr.YLR, J crl.p.No.8275 6f 2025 Dated 14.08.2025 Taking into consideration of the nature of aHegations levelled against the petitioners and the period-of detention undergone by them, this Court is inclined to enlarge the petitioners on bail. 8. This Court is of the opinion that if certain stringent conditions are imposed on the petitioners for securing `their presence before the learned Trial Court for trial, the interest of justice would be met. 9, In the result, the Criminal Petition is allowed with the following conditions: i. The petitioners/Accused Nos,.2 and 4 shall be enlarged on bail subject to each of them 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 Special Judge under NDPS Act-Gum- I Additional District & Sessions Judge, Ongole. t33fuer. ii. The petitioners/Accused Mos.2 and 4 shall appear before the Investigation Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, until further orders. _<L~ rfsrv 5 Dr.YLR, J Crl.P.No.8275 of 2025 Dated 14.08.2025 -iii. The petitioners/Accused Nos.2 and 4 ~shall not leave the limits of the District, without prior permission from the learned Trial Judge. iv. The petitioners/Accused Nos.2 and 4 shall not commit or indulge in similar offences in future. \ v. The petitioners/Accused Nos.2 and 4 shall cooperate with the investigating officer in further investigation of the case and shall be available to the investigating officer as and when called. SD/-G.HELANAIDU ASSISTANT^RJG [STF?`AR //TRUECOPY// SECTIOft%FFICER To] 1. The Special Judge under NDPS Act -Gum-I Additional District & Sessions Judge, Prakasam District, Ongole, 2. The Superintendent, District Jail, Ongole, Prakasam District. 3. The Station House Officer, Ongole i Town Police Station, Ongole 4. One CC to Sri Kishore Kumar Katari, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAndhra Pradesh [OUT] HIGH COURT DR.YLR, J DATED: 14/08/2025 BAIL ORDER CRLP.No.8275 of 2025 ALLOWED pan:aesf{fse_<