lN THE HIGH COURT OF ANDHRA PRADESH AT THURSDAY ,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETl"ON NO: 8199 OF 2025 Betwee n : AND [3521 I Sigadapu Sai Avinash Avi, ^s/o late Venkata Rao, Age 25 years, R/o Dr. No.19-233, Swathantranagar, Madhurawada, Visakhapatnam City. Petitioner/Accused No.1 The State of Andhra Pradesh, Through Station House Officer, P.M. Palem Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. Respondent/Complainant Petition under Section 480 `& 483 of BNSS and 437 & 439 of CrIP,1973 is filed praying that in the circumstances stated in the affidavit filed in support of the criminal petI-lion, the High Court may be pleased to release th6 petitioner on Bail in connection with Crime No. 338 of 2025 on the file of the P.M. Palem Police Station. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri BANDI PRAVEENA Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. ORDER: The Criminal Petition has been filed under SectI-OnS 437 and 439 of the Code of crI'minal Procedure, 1973 (for brevity tthe cr.p.c.,') and under | sections 480 and 483 of the BharatI'ya Nagarik Suraksha Sanhi{a, 2023 (for brevity fthe BNSSJ), seeking to enlarge the petitioner/Accused No.1 on bail in Cr.No.338 of 2025 of P.M.Palem FJolice StatI'On,. VI|SakhaPatnam District registered against the petitioner/Accused No.1 herein for the offence Punishable under Sections 20(b)(li) of the NarcotI'C Drugs and psychotropic Substances Act, 1985 (for brevity {the NDPS Act]). 2. The case of the prosecution in nutshell is that on 14.06.2025 at 09:00 hrs, at Ozone Valley Layout, Kommadhi, Visakhapatnam city, sl K. Bhaskara Rao, upon receiving credible information about illegal possession of ganja, informed the Tahsildar and proceeded with his staff and mediators to the location. Three individuals were spotted coming from nearby bushes carrying plastic covers. upon seeing the police, they attempted to flee but were apprehended. The accused were identified as: sigadapu sai Avinash @ Avi,. 25, Telaga, R/o Swathantranagar, Madhurawada, rowdy-sheet holder, p.M. Palem Police Station, Ragathj Ajay Kumar, 28, VadabaliJ-a, R/o Swathantranagar, Madhurawada - rowdy-sheet holder P.M. Palem Police Station, Seerapu AniI Kumar, 23, Reddy, R/o Amaravathi Colony, Kommadhi. They confessed {o purchasing ganja in Araku at low rates and selling it for Profit. A total of 3 kg ganja 1 kg from each accused was seized, with 50 grams from each packet retained for chemical analysis. The offence falls under the I,_I- `+ 3 NDPS Act. FIR registered on the same day at ll:30 hrs, A case was registered accordingly, and the arrested persons were remanded to judicial custody. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Ms. Bandi Praveena, the learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the sole breadwinner; petitioner would abide by any conditions {o be imposed by this Court; and urged {o allow the petition. 5. Per confra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed,I if the petitioner js enlarged on - bail, he would not be available for the invest-lgation and he would escape from the clutches of law; and urged to dismis®> the bail petition. 6. As seen from the record, the petitioner is arrested on 14.06.2025 on the ground that he was allegedly in possession of transporting of 3 Kgs,of Ganja. \ Nearly for the past 63 days he has been in the` judicial custody. The investigating officer has not filed charge sheet jn this case. Material portion of investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of petitioner influencing or threatening the witnesses or hampering the investigation may not arise. \- --<, 4 7. Keeping in view of{he period of detention undergone bythe petitioner in judicial. custody, the nature and gravity of allegation levelled against the Petitioner, and he alleged role jn the case, this Court is l'nclined to enlarge the Petitioner On bail with the following stringent conditions. 8. In the result, the Criminal Petition is allowed with the foIIowI|ng conditions: i. The petitioner/Accused No.1 shall be enlarged on bail subject to them executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum each to the satisfaction of the learned xvl AddI-tiOnal Metropolitan Magistrate, Bheemunipatnam. ii. The petitioner/Accused No.1 shall appear before the Station House ' OffI-Cer, P.M.Palem Police Station, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. I-ii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the station House Officer concerned. iv. The petitioner/Accused No,1 shall not comml't or indulge in commission of any offence in future. v. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall ==L= a---'-, Lil- 5 make themselves available for interrogation by the investigating officer as and when required. vi. The petitI-Oner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted wI'th the facts Of the Case SO aS tO dissuade them from disclosing such facts to the court or to any police officer. 8. Accordingly, the Criminal Petition is allowed. //TRUE COPY// To, I SD/-G.HELANAIDUI ASSISTANT St=-CTION OFF ER 1. The XVI Additional Metropolitan Magistrate, Bheemunipatnam. 2. The Superintendent, central Prison, Visakhapatnam. 3. The Station House Officer, P.M. Palem Police Station, Visakhapatnam Commissionerate. 4. One CC to SRl. BANDI PRAVEENA Advocate [OPUC] 5. Two cos to PubII|C Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 6. One spare copy HIGH COURT DR.YLR,J DATED:14/08/2025 BAIL ORDER CRLP.No.8199 of 2025 ALLOWED