APHC010454492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9019/2025 Between: 1. GUMMADI SANDEEP ALIAS BAABI, S/O. LATE SRINIVASA RAO, AGED ABOUT 24 YEARS, R/O. D.NO.37-11-1, BADAVPETA VILLAGE, JOHN STREET, 0PP. AMBEDKAR STATUE, VIJAYAWADA, N.T.R. DISTRICT, A.P. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 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.1 on bail in Cr.No.114 of 021 of Krishnadevipeta Police Station, Anakapalli District, registered against the petitioner/Accused No.1 herein for the offence punishable under Section 8(c) r/w 20(b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). CASE OF THE PROSECUTION: 2. Material averments stemming from the prosecution are that on 10.08.2021 the petitioner herein along with other accused were found in possession of 21 KGs of ganja and the petitioner was absconded from the scene of offence. Subsequently, the petitioner herein was arrested on 04.05.2025. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri G.Maheswara Rao, learned counsel for the Petitioner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence, without any cogent evidence. 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 quantity of ganja involved in this case is 21 Kgs and no contraband was seized from the petitioner herein. The Petitioner 3 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 Vijayawada of NTR District and there is no likelihood of their absconding or evading the process of law. 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: 5. Ms.P.Akhila Naidu, learned Assistant Public Prosecutor opposed for grant of bail and contended that if the petitioner is enlarged on bail, he will escape from the process of law. 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 Petitioners are entitled for grant of bail?” ANALYSIS: 7. As seen from the record, a case in Crime No.114 of 2021 of Krishnadevipeta Police Station was registered four years ago. The petitioner was shown absconded. He was arrested on 04.05.2025 i.e nearly after four years. He has been in the judicial custody for the past 130 days. The allegation against the petitioner/Accused No.1 is that he has been indulged in 4 dealing with 21 Kgs of ganja along with other accused. Accused No.3 was found in possession of 21 Kgs, allegedly. After completion of investigation and filing of charge sheet, the case was taken on file vide NDPS SC No.302 of 2023. The case was posted to 15.09.2025 for service of summons on the accused. It takes considerable length of time for trial and disposal of the case. Based upon the confession of Accused No.3, the petitioner herein was roped into the case. CONCLUSION: 8. Considering the nature, gravity of allegation levelled against the petitioner, his alleged role played in this case and stage of the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The petitioner/Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for the like sum each to the satisfaction of the I Additional District & Sessions Judge-cum- Spl.Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The petitioner/Accused No.1 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.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make themselves 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. vii. The petitioner/Accused No.1 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. 9. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 09.09.2025 KA 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9019/2025 Date: 09.09.2025 KA