[3521 I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JuSTICE Y. LAKSHIVIANA RAO CRIMINAL PETITION NO.- 8707 OF 2025 Between.- -I_T*3 Wg)I_t!\-,.I .tL ..£.i*s£:ii*Sfa. 1. GarjkjnI- Ramesh, s/o Late Dhanayya, Age 24 years, R/o Near Kunchumamba Temple, piliraju offI-Ce, Visakhapatnam, N/o Baripeta, pathiwada vl-llage, Pusapaturega MandaI, VI-jayanagaram `\ Petitioner/Accused No.2 AND The State of Andhra pradesh, Through stall-On House officer, I Town stall-On, Visakhapatnam Rep'. by public Prosecutor, High Court at re I-_ AmaravatI-. RespondeIlt petitI'On under Section 480 & 483 of BNSS is f['led praying that jn the circumstances stated in the affidavit filed in support of the criminal petl-tl-on, the Hl'gh Court may be pleased to release the petitioner/Accused No.2 on ba" in connection with crime No. 127 of 2025 of I Town police station, Visakhapatnam. The petjtI'On/Appeal coming on for hearI-ng, upon perusing the petition and the grounds filed jn support thereof and upon hearing the arguments of sri RAMINENl SUDHEER Advocate for the petit,-oner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. I ^| J- APHCO10434812025 E± EE lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHIV]ANA RAO CRIMINAL PETITION NO: 8707 OF 2025 [3521] Between : 1.GARIKINI RAMESH, S/O LATE DHANAYYA AGE 24 YEARS, R/O NEAR KUNCHUMAMBA TEMPLE PILIRAJU OFFICE, VISAKHAPATNAM. N/O BARIPETA, -PATHIWADA VILLAGE, PUSAPATUREGA MANDAL, VIJAYANAGARAM ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Through Station House officer, I Town Station, Visakhapatnam Rep. by Public Prosecutor, High Court at Amaravati. .I.RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.RAM]NENI SUDHEER Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR Th'e Court made the following Order : The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagar'lk Suraksha Sanhita, 2023 (for brevity £BNSS') (for brevity fBNSS') seeking to enlarge the Petitioner/Accused No.2 on bail in Crime 'f'\ i No.127 of 2025 of I Town Police Station, Visakhapatnam,fEfOr the Offence under Sections 20(b)(ii)(b), 25 read with 8(c) of Narcotic Drugs and ` Psychotropic Substances Act, 1985 (for brevity fthe NDPS ActJ). 2. 2. The case of the prosecution I-S that On 16.07.2025 at 13.00 hrs, the S.I of I Town Police Station along with staff reached to Taluka Building, Opposite to VCTPL, I Town area, Visakhapatnam and found 3 persons holdI-ng a bag. On seeing the police they tried to fly away, the s.I along with staff'caught them and questioned. on checking it was found 3 packets of ganja each 2 Kgs in brown colour, weighing 6 Kgs, apprehended them and \. registered a case. 3. Mr. Ramineni Sudheer, learned counsel for the petitioner, submits that the Petitioner has not comml'tted any offence, he was falsely implicated in the case; he is the sole bread-winner of his family; he I-S ready tO abide by any conditions imposed by this Court and urged to enlarge the petitioner on bail. 4. Per confra, Ms. P. Akhila Naidu, learned Assistant Public Prosecutor, argued that pr,'ma rae,-e material is available against the Petitioner that he had indulged in possession of ganja. The investI-gatiOn iS Still in Progress and urged to dismiss the Petition. 5. Heard leaned counsel for the Petitioner and learned Assistant Public Prosecutor. Perused the record. 6. The allegation against the petitioner/ Accused No.2 is that he had allegedly indulged in dealing with 6 Kgs of ganja. Though he was spot arrested and he is a rowdy-sheeter, those are not relevant factors for denying 'J his request for granting of bail inasmuch as the Petitioner has to be presumed in,nocent till the guilt is proved. The Petitioner was arrested on 16.07.2025. He has been in the ju.dicial custody for the past 43 days. The Petitioner is a permanent resident of Baripeta, Pathiwada Village, Pusapaturega MandaI, Vijayanagaram District and at present he is residing at Visakhapatnam. He has got fixed abode, A[[ the witnesses are official witnesses. Material portion of investigation is completed. Prime witnesses have been examined. Therefore, the chance of Petitioner threatening the witnesses or tampering the \ evidence or hampering the investigation may not arise. I 7. Considering the gravity and nature of allegations levelled against the Petitioners, this Court is inclined to enlarge the Petitioners on bail with the following conditions: (i) The Petitioner/ Accused No. 2 shall be enlarged on bail subject to his executing a personal bond for a sum of Rs. 50,000/- (Rupees fifty thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Chief Judicial Magistrate, Visakhapatnam. (ii) The Petitioner/ Accused No. 2 shall appear before the Station House Officer concerned on every Saturday in between 10.00 a.m and 05.00 p.m, till cognizance is taken by the learned the Trial Court. _-,fe-. P.I (iji) The PetitI-Oner/ Accused No. 2 shall not leave the limits of the District without prior permission from the learned chief Judicial MagI'Strate, Visakhapatnam. (iv) The PetitI-Oner/ Accused No.2 shall not commit or ['ndulge I'n commissI®On Of any offence in future. (v) The Petitioner/ Accused No. 2 shall co-operate with the investigating officer I-n further investigation of the case and shall make himself available for interrogatl-on by the investigating officer as and when required. (vi) The Petj\{ioner/ Accused No. 2 shall not, directly or indirectly, make any inducement, threat or promise [o any person acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the court or to an`y police officer. 8. Accordingly, the criminal petition is allowed. -gDJf- K.SR§E\!iVASA RAJU To, //TRUE COPY// rm I -. For ASS;=£TA SECT! E'u-|iSTP|AR FFi£-;EF\?I 1. The Chief Judicial Magistrate, visakhapatnam. 2. The Superintendent, central Jail, Visakhapatnam. 3. The Station House officer! I-Town Station, visakhapatnam. 4. One CC to SRI. RAMINENI SUDHEER Advocate [opuc] 5. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 6. One spare copy HIGH COURT DR.YLR,J DATED:01/09/2025 BAIL ORDER CRLP.No.8707 of 2025 ALLOWED