\ ■ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAjI -’S.. 0^ o WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE rPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO; 9036 OF 2025 >! Between: Pandava Prem Kumar, S/o Yogeswara Rao (Late), Aged 36 years. Caste by Chowdary, R/o Flat No.302, See Height Apartment, Mubarak Colony, Yandada, Visakhapatnam City. ... Petitioner/A2 AND The State: Station House Officer, Arilova Police Station, Through its Public Prosecutor, High Court of A.P., Amaravathi. ...Respondent Petition under Sections 437 & 439 of Cr.P.C and Section 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/A2 on bail in connection with Crime No. 297 of 2025 of Arilova Police Station, Visakhapatnam City, Visakhapatnam District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Pulapalli Babji, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following APHC010440242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9036 of 2025 Between: 1.PANDAVA PREM KUMAR, S/0 YOGESWARA RAO (LATE), AGED 36 YEARS. CASTE BY CHOWDARY, R/0 FLAT NO.302, SEE HEIGHT APARTMENT MUBARAK COLONY, YANDADA, VISAKHAPATNAM CITY. ...PETITIONER/ACCUSED AND 1.THE STATE, Station House Officer, Arilova Police Station Thorough its Public Prosecutor, High Court of A.P., Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.PULAPALLI BABJI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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.2 on bail in Crime No.297 of 2025 of Arilova Police Station, Visakhapatnam City and District, registered against the Petitioner/Accused No.2 herein for the offence punishable under Sections 20(b)(ii)(B), read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). CASE OF THE PROSECUTION: Material averments stemming from the prosecution are that on 25.07.2025 at 11.45 hrs, on receipt of credible information, the Police along with Panchayatdars proceeded to Kuchipudi Natyamandali at the side of Visakha Valley School at 13.45 hrs, on seeing Police, two persons were tried to escape from the place, where found 4 strangers and they caught hold with polythene covers and taken into custody. On verification, they found loose ganja with dry leaves, stems and flowers, weighing 3 Kgs emitting ganja smell. The Police seized the same along with two mobile phones from the Accused and registered the above case. 2. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: Sri Pulapalli Babji, learned Counsel for the Petitioner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence, without any cogent evidence linking him to the commission of the crime. It is contended that the Petitioner is the sole breadwinner of his family and his arrest would cause undue hardship and prejudice to his dependents. The Petitioner undertakes to abide by any condition that this Court while granting bail to the Petitioner. 3. may impose It is further submitted that the Petitioner has a permanent place of residence and there is no likelihood of him absconding or evading the process of law. The Petitioner has cooperated with the investigation thus far and assures continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant custodial interrogation, and if any condition is imposed while granting the bail, Petitioner would not violate it; and it is urged to allow the petition. 4. ARGUMENTS OF THE STATE: Per contra, Ms. P. Akhila Naidu, learned Assistant Public Prosecutor strenuously opposed the grant of bail, contending that the investigation is still underway and several material witnesses are yet to be examined. It is submitted that enlargement of the Petitioner on bail at this stage would seriously hamper the progress of the investigation and may result in non cooperation from the Petitioner. The prosecution further apprehends that the Petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and imminent risk of the Petitioner absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the integrity of the investigation, it is submitted that the Petitioner does not deserve the discretionary relief of bailand it is urged to dismiss the bail petition. 5. POINT FOR CONSIDERATION: In the light of the case of the prosecution and the contentions of the 6. learned Counsel for both the sides, now the point for consideration is; Whether the Petitioner is entitled for grant of bail? ANALYSIS: On perusal of the record, the allegation against the Petitioner/ Accused 7. No.2 is that he was indulged in possession of 815 gms of ganja, total ganja involved in this case is 3 kgs. The Petitioner was arrested on 25.07.2025. He has been in judicial custody for the past 50 days. Learned Assistant Public Prosecutor submitted that there is one adverse antecedent similar in nature vide Crime No. 294 of 2023 is pending against the Petitioner. The Petitioner is to be presumed to be an innocent till guilt is proved as per decision of Hon’ble Apex Court in Prabhakar Tiwari v. State of U.P\ So far, five witnesses have been examined, they are all official witnesses. Major portion of investigation is completed. Chances of the Petitioner hampering the investigation or tampering the evidence may not arise. 8. Be that as it may, the petitioner has been in the judicial custody for the past 50 days, he was arrested on 25.07.2025. The Petitioner has got fixed abode. He is permanent resident of Mubarak Colony, Yandada Visakhapatnam City. ' 2020(11) see 648 CONCLUSION: 9. In view of filing of the Charge Sheet and considering the nature and gravity of allegation levelled against the Petitioner, his alleged role played in this case, and the period of detention undergone by the Petitioner, this Court is inclined to enlarge the Petitioner on bail with the following stringent conditions: The Petitioner/Accused No.2 shall be enlarged on bail subject to his 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 Chief Judicial Magistrate, Visakhapatnam. I. ii. The Petitioner/Accused No.2 shall appear before the Station House Officer, Arilova Police Station, Visakhapatnam District, 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. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. IV. The Petitioner/Accused No.2 shall cooperate with the V. investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. The Petitioner/Accused No.2 shall not, directly or VI. 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. The Petitioner/Accused No.2 shall surrender his passport VII. if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. Accordingly, the Criminal Petition is allowed. 10. SD/- K.SRINIVASA RAJU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Chief Judicial Magistrate, Visakhapatnam. The Superintendent, District Jail, Visakhapatnam. The Station House Officer, Arilova Police Station, Visakhapatnam City Visakhapatnam. One CC to Sri Pulapalli Babji, Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR Amaravati.[OUT] One spare copy. 2. 3. 4. 5. High Court of A.P. 6. PSD HIGH COURT DR.YLR,J DATE:10/09/2025 BAIL ORDER CRLP.No.9036 of 2025 ALLOWED