APHC010413142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8333/2025 Between: 1. TERADA SUBRAMANYAM @ SUBBU, CHITTIBABU, AGED ABOUT 30 YEARS, R/O. DIGAJANAB VILLAGE, BALAPAM PANCHAYAT, CHINTHAPALLI MANDAL, ALLURI SITHARAMA RAJU DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BALABHADRUNI MANOHAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’) seeking to enlarge the petitioner/accused No. 3 on bail in crime No. 98 of 2023 K.D.Peta Police Station, Anakapalli District, registered for the offence punishable under Sections 20 (b) (ii) (B) and 25 read with Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Case of the prosecution is that on 04-09-2023 at about 8.45 a.m. while conducting vehicle checking at Chodyam Junction, the Sub Inspector of Police found accused Nos. 1 and 2 in possession of 2 K.Gs. of Ganja. On interrogation, accused Nos. 1 and 2 confessed that they purchased the said Ganja from the petitioner herein. Thereafter, the contraband was seized under a cover of mediatornama and accused Nos. 1 and 2 were arrested and remanded to judicial custody. 3. Sri B.Manohar, learned counsel for the petitioner, contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police, no contraband was seized from the possession of the petitioner and he came to be implicated only on the confession of accused Nos. 1 and 2. It is further submitted that the petitioner is the sole earning member of the 3 family and, therefore, his continued 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, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Ms. Akhila Naidu, 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. 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, it is urged that the petition be dismissed. 5. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, accused Nos. 1 and 2 allegedly purchased the contraband from the petitioner-accused No. 3. The petitioner was arrested on execution of a P.T.Warrant on 16-05-2025 and he has been in judicial custody for the past 85 days. The role of the petitioner being accused No. 3 came to be implicated when accused Nos. 1 and 2 gave confession against the petitioner. There is one adverse antecedent against the petitioner pertaining to the similar offence. However, that itself is not a ground to refuse to enlarge the petitioner on bail for the reason that the petitioner-accused NO. 3 shall be presumed to be innocent till the guilt is proved. The material portion of 4 investigation is completed. All the witnesses are official witnesses. The petitioner is permanent resident of Balapam Panchayat, Chintapalli Mandal. Therefore, the petitioner's chances of threatening witnesses or tampering the evidence may not arise. 7. Considering the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioner-accused No. 3 and his period of judicial detention, this Court is inclined to enlarge the petitioner- accused No. 3 on bail with the following stringent conditions: i. The petitioner/accused No. 3 shall be enlarged on bail subject to he 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 learned Additional Judicial First Class Magistrate, Narsipatnam; ii. The petitioner/accused No. 3 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. iii. The petitioner/accused No. 3 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/accused No. 3 shall not commit or indulge in commission of any offence in future. 5 v. The petitioner/accused No. 3 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. 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. 8. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 18.08.2025 JSK 6 THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No. 8333 OF 2025 Date: 18.08.2025 JSK