i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAyit^^||& •i Xo (tr:: WEDNESDAY ,THE TENTH DAY OF SEPTEMBERf'^^ftS TWO THOUSAND AND TWENTY FIVE rPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8960 OF 2025 .'f >'.nV \ i/Zk >4 m Between: Poluboina Rakesh, S/o.Krupakara, A/23 years, R/o Back Side of Krishnaveni Tallent School, Poranki, Penamaluru, Krishna District, Andhra Pradesh. Petitioner/Accused AND The State of Andhra Pradesh, (Vissannapeta Police Station), Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravati, Guntur District. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to direct the release of the Petitioner/A-2 on Bail pending enquiry and trial in connection Crime no.76/2025 vissannapet police station COUNSEL FOR THE PETITIONER : SRI. SUDHESHNA YAKKALA COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER 2 A' 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 Cr.No.76 of 2025 of Vissannapet Police Station, Krishna District, registered against the petitioner/Accused No.2 herein for the offence punishable under Section 8(c) r/w 20(b) (ii) (B) 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 18.06.2025, the Sub Inspector of Police, Vissannapeta Police Station, on credible information about illegal transportation of ganja, went to the scene of offence and caught hold of the accused Nos.1 to 4 while they were in possession of 2.300 Kgs of ganja. The police seized the contraband under the cover of mediatornama and registered a case. The police apprehended the 2. accused and remanded them to judicial custody. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: Sri Yakkala Sudhesana, learned counsel for the Petitioner submits that 3. 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. 3 The quantity of ganja involved in this case is not a commercial quantity. The Petitioner undertakes to abide by any condition that this Court may impose while granting bail to the Petitioner. 4. It is further submitted that the Petitioner is permanent resident of Penamaluru of Krishna District and there is no likelihood of his 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 if any condition is imposed while granting the bail, Petitioner would not violate it; and it is urged to allow the petition. ARGUMENTS OF THE STATE: Ms.P.Akhila Naidu, learned Assistant Public Prosecutor submits that the investigation is still underway and several material witnesses are yet to be examined. It is further submitted that there are no similar adverse antecedents against the petitioner. 5. POINT FOR CONSIDERATION: 6. In the light of the case of the prosecution and the contentions of the 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, it is alleged that the petitioner/Accu sed No.2 was spot arrested while he was in possession of 500 grams of ganja. He was 7. 4 arrested on 18.06.2025. He has been in the judicial custody for the past 81 days. No similar adverse antecedents were reported against the petitioner. The petitioner is permanent resident of Penamaluru of Krishna District. All the witnesses examined so far are officials. Material portion of investigation is completed. Hence, the scope of petitioners threatening the witnesses or tampering the evidence or hampering investigation may not arise. CONCLUSION: Considering the nature and gravity of allegation levelled against the petitioner, his alleged role played in this case, the quantity of ganja involved 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; 8. The petitioner/Accused No.2 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 I Additional Sessions Judge-cum- Special Judge for Trial of Offences under NDPS Act, Krishna, Machilipatnam. I. ii. The petitioner/Accused No.2 shall appear 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. 5 % 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 IV. commission of any offence in future. 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 indirectly VI. 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, vii. The petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. 10. Accordingly, the Criminal Petition is allowed. SDI- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER For i To, 1) The I Additional Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Krishna, Machilipatnam 2) The superintendent, Nuzividu Jail 3) The Station House officer, vissannapet police station, NTR Commissionerate 4) One CC to SRI. SUDHESHNA YAKKALA Advocate [OPUC] 5) Two CCs to PUBLIC PROSECUTOR, High Court of A.P[OUT] 6) One spare copy HIGH COURT DR.YLR,J DATED: 10/09/2025 BAIL ORDER CRLP.No.8960 of 2025 ALLOWED