APHC010409982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8252/2025 Between: BELLAM AKHIL CHOWDARY, S/O. BELLAM VENKATA SUBBARAO, (A1) AGED ABOUT 30 YEARS, OCC SOFTWARE EMPLOYEE, R/O. H.NO.7-311-1, CHOWDHURY RESIDENCY, RAMAIAH NAGAR, SOUTH BYPASS, ONGOLE, PRAKASAM DISTRICT. PRESENTLY RESIDING AT RAYADURAM, HYDERABAD. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor, High Court at Amaravathi, ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: SHAIK MEERAVALI Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.8252 of 2025 Dated 21.08.2025 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 petitioner/Accused No.1 on bail in Cr.No.64 of 2025 of Krishnagiri Police Station, Kurnool District, registered against the petitioner/Accused No.1 herein for the offences punishable under Section 8 (c) read with 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The case of the prosecution is that on 15.07.2025, on receipt of credible information about illegal possession and transportation of ganja, the Sub-Inspector of Police, Krishnagiri Police Station, along with his staff and mediators, rushed to Amakathadu Toll Plaza, situated on NH- 44 road, where they found Accused No.1 with two travelling bags, one on his back and another in his hand, and on seeing the police jeep, Accused No.1 tried to run away, at which time he was surrounded and detained. During interrogation, Accused No.1 revealed that he is a 3 Dr. YLR, J Crl.P.No.8252 of 2025 Dated 21.08.2025 Software Employee at Hyderabad and that while studying in Italy he became habituated to consuming ganja in cigars. He further stated that his brother, Accused No.2, was also addicted to consuming ganja, alcohol, etc., and that both of them used to consume ganja, cocaine, etc., which they used to purchase from Accused No.3 of Bangalore. Subsequently, they started selling ganja to needy persons and earned profits from such business. He further revealed that on 10.07.2025 he went to Bangalore and stayed with his friend David, and on 14.07.2025 his brother, Accused No.2, informed him to get 10 grams of cocaine from the said Accused No.3. While he was returning to Hyderabad, he was apprehended by the police, whereupon the police arrested Accused No.1 and seized 10 grams of cocaine under cover of Panchanama. 3. Mr. Shaik Meeravali, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned 4 Dr. YLR, J Crl.P.No.8252 of 2025 Dated 21.08.2025 counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutorvehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood 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 petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner/Accused No.1 was allegedly indulged in dealing with 10 grams of cocaine, which is not a commercial quantity. The petitioner and his brother were allegedly dealing with contraband. Accused No.3 is the source of the contraband. The petitioner is working as a Software Employee. He has got fixed abode. He is a resident of Chowdhury Residency, Ramaiah Nagar, South Bypass, Ongole. So far, five witnesses have been examined. The material portion of the investigation is completed. All the witnesses of the 5 Dr. YLR, J Crl.P.No.8252 of 2025 Dated 21.08.2025 prosecution are official witnesses. Hence, the question of the petitioner influencing or threatening the witnesses or hampering the investigation may not arise. The petitioner has been languishing in jail since 16.07.2025 and has been in judicial custody for nearly 30 days. 7. Considering the period of detention undergone by the petitioner/Accused No.1 in the judicial custody for the past 30 days, the nature and gravity of allegations levelled against the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Dhone. ii. The petitioner/Accused No.1 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 the Trial Court. 6 Dr. YLR, J Crl.P.No.8252 of 2025 Dated 21.08.2025 iii. 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 commit 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 make himself available for interrogation by the investigating officer as and when required. vi. The petitioner/Accused No.1 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. 8. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 21.08.2025 RSI 7 Dr. YLR, J Crl.P.No.8252 of 2025 Dated 21.08.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8252 of 2025 Date:21.08.2025 RSI