1 j IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8462 OF 2025 % rv \ r ■is \ V > 5 r ■ij i t '%■ Between: Konde Satheesh @ Satish Moksha, S / o. Sathyanarayana, Aged about 37 years, R/o.D.No.1-1, Nellipudi Village, Nakkapalli Mandal, Anakapalli District. ... Petitioner/ Accused No.3 AND The State of Andhra Pradesh, Through Station House Officer, Prohibition and Excise Station, Nellore-I, SPSR Nellore District Rep., by its Public Prosecutor, High Court at Amaravathi. ... Respondent/ Complainant Petition under Sections 480 and 483 of BNSS is filed, 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 Crime No.217/2025 on the file of the Prohibition & Excise Station, Nellore-1, SPSR Nellore District. 1 The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI P NAGENDRA REDDY Advocate for the Petitioner, Assistant Public Prosecutor for the respondent and the Court made the following. ORDER 2 ORDER: This criminal petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner-accused No. 3 on bail in crime No. 217 of 2025 of Prohibition and Excise Station, Nellore-I, SPSR Nellore District, registered for the offence punishable under Section 8 (c) read with Section 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Case of the prosecution is that on 21-07-2025 around 3.30 based on prior permission and directions of the Assistant Commissioner, Enforcement, Nellore, a team conducted surprise checks at Tirupati Platform, RTC Bus Station, Nellore, and during the search of APSRTC Bus bearing No. AP 39 WB 3326, travelling from Gudiwada to Tirupati, accused Nos. 1 and 2 were found suspiciously with two travel bags and on enquiry, they confessed about possession of Ganja and seized 6 K.Gs. of dry Ganja from them, allegedly purchased from the petitioner-accused No. 3 at Tuni and were transporting for clandestine sale in Tamil Nadu State and basing on that, the present case has been registered. a.m.. 3. Sri P.Nagendra Reddy, 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 continued incarceration would cause undue hardship to his dependents. The petitioner undertakes to 3 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. 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 materiaT 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. 4. 5. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the allegation against the petitioner-accused No. 3 is that he supplied 6 K.Gs. of dry Ganja to accused Nos. 1 and 2. The petitioner was arrested on 24-07-2025 and he has been in judicial custody for the past 28 days. Learned Assistant Public Prosecutor, however, submits that there are adverse antecedents against the petitioner. The petitioner is permanent resident of Nellipudi Village, Nakkapalli Mandal, Anakapalli District. The witness are official witnesses. Material witnesses have been examined. Thus, prime portion of the investigation is completed, enlarged on bail with some stringent conditions, he may not either threaten the witnesses or interfere with the investigation process. If the petitioner is 4 7. Considering the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioner-accus ed No. 3, this Court is inclined to enlarge him on bail with the following stringent conditions: (i) The petitioner-accused No. 3 shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of learned Special Judicial Magistrate of I Class for Trial of Prohibition and Excise Offences, Nellore; \ (ii) The petitioner-accused No. 3 shall appear before the Station House Officer concerned on every Saturday in between 10 a.m. and 5 p.m. till cognizance is taken by learned 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; (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; and 5 (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. The criminal petition is accordingly allowed. SD/-B.CHITTI vipSEPH ASSISTANT SECTION OFFICER gistrar //TRUE COPY// To 1. The Special Judicial Magistrate of First Class for Excise, Nellore. 2. The Superintendent, District-Jail, Nellore. 3. The Station House Officer, Prohibition SPSR Nellore District Trial of Prohibition and and Excise Station, Nellore-I 4. OneCCto SRI. P NAGENDRA REDDY Advocate [OPUC] 5. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh. [OUT] 6. One spare copy ksr HIGH COURT DR.YLR, J DATED:20/08/2025 BAIL ORDER CRLP.No.8462 of 2025 ALLOWED