IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT+ctapffi THURSDAY, THE TWENTY EIGHTH DAY OF AUGUS TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA CRIIVIINAL PETITION NO: 8636 OF 2025 3If` `' UKIIVIINAL IIJI= I I I IuN Nu: tj63t5 uL-ZUZO 3If` ``;'¥h-:;F? Betwee n : cheemparthi Fakruddin @ Shaik Simpathi Fakruddin, S/o Fakurvali, Aged about 35 years, Occ- Business R/o Khadarapalli Village, Chapadu Manda[ YSR Kadapa District. I... Petitioner/Accused No.1i AND The State Of Andhra Pradesh, Rep. by its Public Prosecutor High Court of I, Andhra Pradesh. ... Respondents/Defacto Complainant Petition under Section 480 & 483 of BNSS is filed, praying that in the Circumstances stated in the affidavit filed in sllpport of the criminal petition, the High Court may be pleased to enlarge the Petitioner/Accused No.Ion bail in Crime No. 41/2025 on the file of the Podili Police Station, Praksam District. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof anci upon hearing the arguments of SRI RAMALAKSHMANA REDDY SANEPALLI Advocate for the Petitioner, f Assistant Public Prosecutor for the respondent and the Court made the following. ORDER APHCO10431042025 Jl. +,. .A, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV'ATI (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHIVIANA RAO CRIMINAL PETITION NO: 8636/2025 [3521] Between: Cheemparthi Fakruddin @ Shaik Simpathi ...PETITIONER/ACCUSED Fakruddin AND The State Of Andhra Pradesh H.RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent/complainant: 1. PUBLI-C PROSECUTOR The Court made the following: f 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 I 483 of the Bharatiya Nagarik Suraksha Sanhi{a, 2023 (for brevI|ty [the BNSS]), seeking to enlarge the pe±j±j®_r!er/accused No.1 on bail in Crime No.41 of 2025 of Podili Poll'ce Station, Prakasam District, registered for the offences Punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for short lthe NDPS Actj). 2. The case of the prosecution in nutshell is that, on 04.05.2025, on receipt of information about passing of Al to A3 along with ganja via Podili, the Inspector of Police, Podili Circle along with staff and mediators reached to SVKP Degree College on Podili-Darsi Road, PodI'Ii Town at about ll.30 hours and took Al to A3 into his custody and seized three packets of ganja i.e.,1St packet weighing about 1.940 kgs of dry ganJ-a, 2nd packet weighing about 2.270 kgs of dry ganja and 3rd packet weighing about 1.980 kgs of dry ganja total weighing about 6.190 kgs of dry ganja and he also seized tool kit i|e., Hydraulic iron cutter and electric grind machine along with their spare blades and electrical extension wire board and alsc, Tata Manza white colour car bearing No.AP-09-CD-0246 from the possession of Al to A3 and arrested them under the cover of mediators report and on the strength of mediators report, the above crime was registered and got remanded them to judicial f custody. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. a=il=Z*e±i^-JZ3±±:=±gZ=seS§±====::£==:=±:;;S==:i=:i 4. Mr. S.Rama Lakshmana Reddy, the learned COunSel for the Pet'ltiOner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the Cr'lme; Petitioner iS the sole breadwinner; petitioner would abide by any conditions to be imposed by this Court; and urged to allow the petition. 5. Percor,ira, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, oppos;d in granting of bail stating that the petitioner is the habitual offender, some more material witnesses have to be examined; investigation is not completed; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the Clutches Of law; and urged tO dismiss the bail petition. 6. The pet-ltioner/accused No.1 was allegedly indulged in dealing With 6 kgs of dry ganja which is not a commercial quantity. The petitioner was arrested on o4.05.2025. He has been in judicial Custody for the Past 114 days. The petitioner is permanent resident Of Khadarpalli Village, Chapadu Mandal, ysR Kadapa District. As the su€bstantial port-Ion of the investigation has been completed and all the witnesses are official witnesses. Therefore, the question of petitioner threatening the witnesses or hampering the investigation or tampering the evidence may not arise. lap--_E_-- \ 7. However, considerI'ng the nature and gravity of the allegations~ against petitioner/accused No.1, hl's alleged role in the offence, and the period of detention already he has undergone jn the judicial custody for the past 114 days, thl-s Court is inclined to enlarge petitI-Oner /accused No.1 on bail. 8. ln the result, the criminal petition I'S a"owed With the following stringent conditl|ons.I i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Civl|l Judge (Junior Division)- cum-Judicial First class Magistrate, podili. ii. The petitioner/Accused No.1 shall appear before the Station House Officer concerned, on every saturday in between 10:00 am and o5:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitl'oner/Accused No.1 shall not leave the limits of the District without prior permission from the station House OffI'Cer concerned. f iv. The petitioner/Accused No.1 shall notcommitor indulge in commission Of any Offence in future. v. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigatI'On 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. 9. Accordingly, the Criminal Petition is allowed. sD/-A. VIJAYA BABU lSTRAR ASSISTANT P` //TRUE COPY// SECTl oRfaGolFS: To, +~ 1. The Civil Judge (Junior DI|ViSiOn) And Judicial Fir;I class Magistrate Court, Podjli. 2. The Superintendent, ongole Sub Jail. lCER One CC to SRI. RAMALAKSHMANA REDDY SANEPALLI Advocate [OPUC] 4,., Two cos to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh.[OUT] §,, .One spare copy KSR f' \ ? HIGH couRT DR.YLR, J DATED : 28/08/2025 BAIL ORDER CRLP.No[8636 of 2025 ALLOWED