Extracted from the PDF above. The PDF is authoritative.
Ct CR IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR TUESDAY, THE NINTH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE : p-RESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 8996 and 9014 OF 2025 L.P.NO.8996 OF 2025 Between:
1. RavulakoIIu Ajay(A-1), S/o. R:RamakrI'Shna, Age about 25 Years, R/o. D.No.93-67-259, MamillapaIIi (V), Chinthakommadinne (M), YSR Kadapa District. 2. Gampa Mahesh(A-3), S/6. G.Govindaiah, Age about 24 Years, R/o. D.No: 963/139-641, Indhira rd'agar, Kadapa, YSR Kadapa District. 3. Shaik Hussain VaIIi(A-4'), S/o. S. VaIIi, Age about 25 Years, R/o. D.No. 15-25, Sivanandapuram, Kadapa[
4. Malligeli Khader Mohiddin(A-5), S/o. M. Khader VaIIi, Age about 28 Years, R/o. D.No 68/1420, Prakash Nagar, Kadapa. ...Petitioners/Accused No.1 & A3 to A5 AND The State of Andhra Pradesh, Represented by its public prosecutor, Through Proh & Excise Station, Kadapa, High Court of Andhra Pradesh at Amaravati. ...Respondent Petition under Sections 480 & 483 of BNSS, is filed praying that in the cl'rcumstances stated in the grounds filed in support of the criminal petition, the High Court may be pleased to enlarge the petitioners on bail in connection with the F.I.R.No.53 of 2025 on the file of Proh & Excise Station, Kadapa, YSR (Kadapa) District. The petition coming on for hearing, upon perusing the Petition and the grounds fI'led in Support thereof.and upon hearing the arguments Of Sri Shaik Mohammed lsmail, Advocate for th'e Petitioners and of Public Prosecutor for Respondent. CRL.PINO.9014 OF 2025 Between: Kavadi Sreenu, age 24 years, S/o K.Venkatesh, Aged about 24 years, R/o. D.No. 6/6-186, Riksha Colony, Badwel Town & Mandal, Y.S.R.Kadapa District. I..Petitioner/Accused No.2 AND The State of Andhra Pradesh, Represented by I'tS Public Prosecutor, High Court of Andhra Pradesh. ...Respondent/defacto Complainant Petition under Sections 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed I-n support of the criminal petition, the High Court may be pleased to enlarge the petitioner/Accused No.2 on regular bail in Crime No.53 of 2025, on the file of Prohibition & Excise Police Station, Y.S.R Kadapa District.
The petition coming on for h'6aring, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri S.Rama Lakshman Reddy, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following
COMMON ORDER: Page 3 of8 These two petI'tI-OnS are heard and disposed of by this common order as they arise out of one crI'me. _ The Crl'minal Petitions 8996 and 9014 of 2025 have been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 'the BNSSJ), seeking to enlarge the petitioners/Accused~-N;s.1, 3 to 5 and 2 respectively, on bail in crime No.53 of 2025 of Prohibition and Excise Station, Kadapa, Kadapa District registered against the petitioners/ Accused Nos.1, 3 to 5 and 2 for the offences punishable under Section 8(c) read with 20 (b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity fthe NDPS ActJ). CASE OF THE PROSECUTION
2. The case of the prosecution is that on 26.07.2025, the Prohibition and Excise Inspector, Kadapa, along with staff and mediators reached vacant place near Putlampalli Cheruvu and found Accused Nos.1 to 5, while transporting and in possessI'On Of 1.5 Kg of dry ganja. police seized 1.5 Kg of dry ganja and four mobile phones under a cover of mediators' report and registered the above crime. petitI-OnerS / Accused Mos.1, 3 to 5 and 2were arrested and remanded toJ-udiCial custody. I ¢ rp' \`\\
Page4of8
CONTENTIONS OF THE COUNSEL FOR TH-E PETITIONERS: 3'. Sri Shaik Mohammed lsmail and Sri S. Rama Lakshmana Reddy, learned counsels for the Petitioners submits that the Petitioners are innocent and have been falsely implicated in the alleged offence, without any cogent evidence linkI'ng them tO the commission Of the Crime. lt iS contended that the Petitioners are the sole breadwinners of their family and their arrest would cause undue hardship and prejudice to their dependents. Learned counsel for Accused No.2 submits that wife of Accused No.2 is eight months pregnant. The quantity of ganja involved in this case is not a commercial quantity. The Petitioners undertake to abide by any condition that this court may impose while granting bail to the Petitioners.
4. It is further submitted that the Petitioners are permanent residents of Kadapa District and there is no likelihood of their absconding or evading the process of law. The Petitl'oners have cooperated with the investigation so far and assures continued cooperation in future proceedings. lt 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:
5. 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 adverse antecedents against the petitioners. \.* rf,-.`
POINT FOR CONSIDERATION: Page5of8
6. ln 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 Petitioners are entitled for grant of bail?"
ANALYSIS: ` 7. As seen from the record, the allegation agains-i the petitioners herein is that they had been indulged in transportation of ganja. lt is not a commercial quantity. The petitioners were arrested on 26.07.2025. They have been in the judicial custody for the past 46 days. The petitioners are permanent residents of Y.S.R Kadapa District. There are no adverse antecedents reported against the petitioners. All the witnesses are officials. Prime portion of investigation is completed. Hence, the scope of petitioners threatening the witnesses or tampering the evidence or hampering investigation may not arise, CONCLUSION:
8. Considering the nature and gravity of allegation levelled against the petitioners, their alleged role played in this case, the quantity of ganja involved in this case and the period of detention undergone by the petitioners, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions: i. The petitioners/ Accused Mos.1, 3 to 5 ancl 2 respectively shall be enlarged on bau subject to they executing a bond for a I-.i
Page6of8 sum of Rs.10,000/-(Rupees Ten thou*sand only) each with two sureties for the like sum each to the satisfaction of the Special Judicial Magistrate of ProhI'bitiOn and Excise offices, Kadapa. ii. The petitioners/Accused Nos.1, 3 to 5 and 2 respectively 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. iii. The petitioners/ Accused Nos.1, 3 to 5 and 2 respectively shall not leave the limits of the District without prior permission from the Stall-on House Officer concerned. iv. The petitioners/Accused Nos.1, 3 to 5 and 2 respectively shall not commit or indulge in commission of any offence in future. v. The petitioners/Accused Nos.1, 3 to 5 and 2 respectively shall cooperate with the investigating officer in further investl-gatI'On Of the Case and Shall make themselves available for interrogation by the investigating officer as and when required. vi. The petitioners/Accused Nos.1, 3 to 5 and 2 respectively 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. c>sif -,
Page7of8 vii. The petitioners/Accused Mos.1, 3 to 5 and 2 respectively shall surrender their passports, if any, to the investigating officer.
If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer. 9. Accordingly, the Criminal Petitions are allowed. sD/-U. SRIDEVI :i?_4 rSrT,R_Ar :
//TRUE COPY// ASSISTANT SECTION OFFICER To]
1. The Special Judic-lal Magistrate of Proh & Excise Offences, Kadapa. 2. The Superintendent, Central Jail, Kadapa, YSR Kadapa District. 3. The Superintendent, Y.S.R.Kadapa Sub Jail, Y.S.R. Kadapa District. 4. The Station House Officer, Prohibition & Excise Police Station, Y.S.R.Kadapa Distrllct. 5. One CC to Sri Shaik Mohammed lsmaiI, Advocate [OPUC]
6. One CC to Sri S.Rama Lakshmana Reddy, Advocate [OPUC]
7. Two CCs toPUBLIC PROSECUTOR, High Court of A.P., Amaravati.[OUT]
8. One spare copy. PSD
HIGH COURT DR.YLR,J DATE : 09/09/2025 BAIL ORDER CRLP.Nos.8996 & 9014 of 2025 ALLOWED :A,#_ @ -ap=EL%#" EE EEl