IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO ' CRIMINAL PETITION NO: 8374 OF 2025 Between: 1. Ragathi Ajay Kumar, s/o late Satti babu. Age 28 years, R/o Dr. No. 22- 105, Swathantranagar, Madhurawada, Visakhapatnam City. 2. Seerapu Anil Kumar, s/o Rajasakher Age 23 years, R/o Block No-26, FF-3, Amaravathi colony. Kommadhi, Visakhapatnam City . Petitioner/Accused No.2&3 AND 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 Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner on Bail in connection with Crime No. 338 of 2025 on the file of the P.M. PalemPolice Station. / The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s BANDI PRAVEENA, Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent and the Court made the following: 2 Dr. YLk Crl.P.No.8374 of202b Dated 19.08.2025 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioners/Accused Nos.2 and 3 on bail in Cr.No.338 of 2025 of P.M.Palem Police Station, Visakhapatnam Commissionerate, registered against the petitioners/Accused Nos.2 and 3 herein for the offences punishable under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. The case of the prosecution is that on 14.06.2025, at about 11.30 hours, on receipt of credible information about illegal possession and transportation of ganja, the Sub-Inspector of Police, P.M. Palem Police Station, along with his staff and mediators, rushed to Ozone Valley Layout, Kommadhi, Madhurawada, Visakhapatnam City, where three persons were found coming from Ozone Valley bushes towards the highway at Kommadhi with plastic covers. On seeing the police, they tried to escape from the spot. The police chased and caught hold of the three persons with plastic covers and identified that two of them were Dr. YLR, J Crl.P.No.8374 of2025 Dated 19.08.2025 having rowdy sheets in P.M. Palem Police Station, namely Accused Nos.1 and 2. When the third person was asked about his name and address, at first he fumbled, and later disclosed his name and address particulars. When questioned about his absconding, the offence, and the polythene cover, he voluntarily confessed that they had purchased ganja from an unknown person at Araku at low rates and were selling it at high rates for illegal profit. Later, the police seized 3.00 kgs of ganja from the three accused under cover of mediators’ report. 3. Ms.Bandi Praveena, the learned counsel for the petitioners contend 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 incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere 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. Per contra, Ms.P.Akhila Naidu, the learned Assistant Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material Public 4 Dr. YL^, Crl.P.No.8374 of202^ Dated 19.08.2025 witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there i a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that IS the petition be dismissed. 5. Heard the learned counsel for the Assistant Public Prosecutor. Perused the record. petitioners and the learned 6. As seen from the record, the petitioners/Accused Nos.2 and 3 were allegedly found in possession and transportation of 3.00 kgs of ganja, which is not a commercial quantity. The petitioners languishing in jail since 14.06.2025 and have nearly 71 days. The petitioner/Accused No.2 i have been been in judicial custody for - IS a permanent resident of Swathantranagar. Madhurawada. Visakhapatnam City. The petitioner/Accused No.3 is a permanent resident of Amaravati Colony, Kommadhi, Visakhapatnam City. The material portion of the investigation is completed. All the witnesses of the prosecution are petitioners influencing or hampering the investigation may not arise. official witnesses. Hence, the question of the threatening the witnesses or 7. Considering the period of detention undergone by the petitioners/Accused Nos.2 and 3 in the judicial custody for the past 71 5 Dr. YLR, J Crl.P.No.8374 of2025 Dated 19.08.2025 days, the nature and gravity of allegations levelled against the petitioners, and their alleged role played in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions; i. The petitioners/Accused Nos.2 and 3 shall be enlarged on bail subject to they executing a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), each with two sureties each for the like sum each to the satisfaction of the learned XVI Additional Metropolitan Magistrate Bheemunipatnam. ii. The petitioners/Accused Nos.2 and 3 shall before the Station House Officer concerned Saturday in between 10:00 at appear on every am and 05:00 pm, till cognizance is taken by the learned the Trial Court, iii. The petitioners/Accused Nos.2 and 3 shall not leave the limits of the District without pnor permission from the Station House Officer concerned. The petitioners/Accused Nos.2 and 3 shall not commit or indulge in commission of any offence in future. IV. 6 Dr. YLk Crl.P.No.8374 of202^ Dated 19.08.2025 The petitioners/Accused Nos.2 and 3 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, vi. The petitioners/Accused Nos.2 and 3 shall not, directly or 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. Accordingly, the Criminal Petition is allowed. V. 8. SDI- P.VINOD KUMAR ASSISTANT REGISTRAR v' //TRUE COPY// SECTION OFFICER F To I 1. The XVI Additional Metropolitan Magistrate at Bheemunipatnam. 2. The I Additional District & sessions Judge-Special Judge for Trial of Offences under NDPS Act; Visakhapatnam 3. The Superintendent, Central Prison, Visakhapatnam 4. The Station House Officer, P.M. PalemPolice Station 5. One CC to SRI. BANDI PRAVEENA Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court of AP [OUT] 7. One spare copy K ! HIGH COURT DR.YLR,J DATED: 19/08/2025 BAIL ORDER CRLP.No.8374 of 2025 ALLOWED S 1 2 SEP ZQS