-tlE E .7 2,./ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl FRIDAY, THE TWENTY SECOND DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8449 OF 2025 Between : ...I... Kunche Vamsi, S/o. Kruparao, 24 yrs, Church street, SC Pet, Rameswaram Village, Pedapudi MandaI. ... Petitioner/A-2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati through The Station House Officer, Pedapudi Police Station, Kakinada District. MRespondent/Complainant Petition under Section 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criml'nal Petition, the High Court may be pleased to enlarge the petitioner/Accused No.2 on regular bail in connection wI'th With Cr.No.80/2025 on the file of Pedapudi P.S., Kakinada District in the interest of justice. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of f / Sri G.Kumar Yaddlapalli, Advocate for the Petitioner and of Public Prosecutor for Respondent, the court made the following Dr. YLR, I CrI.P.No.8449 of 2025 Dclted 22.08.2O25 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 fthe Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking to enlarge the petitioner/Accused No.2 on bail in Cr.'No.80 of2025 of Pedapudi Police Station, Kakinada District, registered against the petitioner/Accused No.2 herein for the offences punishable under Section 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity [the NDPS Act'). 2. The case of the prosecution is that on 21.05.2025 at about 07:30 P.M., on rece-lpt of credible information regarding illegal possession and transportation of ganja, the Sub-Inspector of Police, Pedapudi Police Station, along with his staff and mediators, rushed to the outskir{s'of Karakuduru Village, Pedapudi Mandal, and conducted a raid. The police i apprehended Accused Nos.i to 3 while they were in possession of 5.152 Kgs of ganja, worth Rs.25,760/-, and seized the contraband under the cover of the mediators' report. The accused were arrested. 3, Sri G.Kumar.Y, the learned counsel for the petitioner contends that the petitioner is innocent``-ot``-¥-the alleged offence and has been falsely `+---a I-_I_ + -I.T==-I- B= i? Dr. YLR, I CrI.P.No.8449 of 2O25 Dated 22.08.2025 implicated by the police. lt is further submitted that the petitioner I'S 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. ln light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per con£ra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still undervay and 'several material witnesses remain to be examined. lt 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 submissI'OnS, it iS urged that the petition be dismissed. 5. Heard the learned counsel for the petitl'one.r and the learned f / AssI'Stant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner/Accused No.2 was allegedly involved in dealing with '5.152 Kgs of ganja, which is not a commercial quantity. The petitioner was spot arrested along with Accused Nos.1 and 3. The learned Assistant Public Prosecutor submits that the petitioner is a \`_ .' `...a -Jj#_a q Dr. YLR, J CrI.P.No.8449 of 2025 Dated 22.08.2025 rowdy-sheeter, and a case under Section 302 of lthe lPC' has been registered against him l'n Cr.No.01 of 2023 of BI|kkaVOlu Police Station. The learned counsel for the petitioner submits that the petitioner is an auto driver, and the allegation in the above-mentioned case is that, he acted as an auto driver for transporting ganja. 7. The petitioner was arrested on 21.05.2025 and has been in judicial custody for the past 91 days. The petitioner/Accused No.2 is a resident of Church Street, SC Pet, Rameswaram Village, Pedapudi MandaI. The material witnesses have been examined, and the material portion of the investigation has been completed. All the witnesses of the prosecution are offI-Cial witnesses. Hence, the question of the petitioner influencing or threatening the witnesses or hampering the investigation does not arise. The allegation against the petitioner is that he was involved in an offence punishable under Section 302 of [the IPC'. lt is, however, a mere allegation, and the petitioner is presumed innocent until proven guilty beyond reasonable doubt. j` ¢ 8. Considering the period of detention undergone by the petitioner/Accused No.2 in judicial custody for the past 91 days, the nature and gravity of allegation levelled against the petitioner, and hI-S alleged role played 'ln the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditI'OnS: - a Dr. YLR, I Crl.P.No.8449 of 2025 Dclted 22.08.2025 i. The petitioner/Accused No.2 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, Kakinada. ii. The petitioner/Accused No.2 shall appe.ar 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.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.2 shall not commit or indulge 'In commission Of any Offence in future. v. The petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and f / shall make himself. available for interrogation by the investigating officer as and when required. vi. The` petitioner/Accused No.2 shall not, directly or `indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as {o dissuade 6 Dr. YLR, I CrI.P.No.8449 of 2025 Dated 22.08.2025 him/her from disclosing such facts to the court or to any police officer. 9. Accordingly, the Criminal Petition is allowed. //TRUE COPY// SD/-G.HELANAIDU ASSISTANT_Rpe!Si-F]`AR off?OFFICER SECTI To, 1. The JudiciaI` FI®rSt CIass`Magistrate, Kakinada. 2: The Superintendent, Central Jail, Rajamahendravaram. 3. The Station House Officer, Pedapudi Police Station, Kakinada District. 4. One CC to Sri G.Kumar Yaddlapalli, Advocate [OPUC] 5. Two CCs toPUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT] 6. One spare copy. PSD f / LL - a_,-`-==L-_i I+v1 .\ ^' \v HIGH COURT DR.YLR,J DATE :22/08/2025 BAIL ORDER CRLP.No.8449 of 2025 ALLOWED \.i