---- %7-a S+ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV TUESDAY ,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: EEEEi THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8980 OF 2025 Between : 1. Gunji Narasimha Rao, S/o. Venkaiah, Aged about 30 years, Occ Daily Labour, R/o. Somarajupalli Village, Singarayakonda Mandal, Prakasam District. 2. Bontala Gopala Krishna, S/o. Tarakeswar Rao, Aged about 28 years, Occ Daily Labour, R/o. Viral Nagar, Ongole, Prakasam District. PetitI-OnerS/Accused-1 & 2 AND State of Andhra Pradesh, Rep. by its Public Prosecutor, HI-gh Court ofAndhra Pradesh, Amaravati. 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 CrI-minaI Petition, the High Court may be pleased to grant them Regular Bail in connection with crime No. 457 of 2025, of Ongole Taluka Police Station, Prakasam District in the interests of justice COUNSEL FOR THE PETITIONERS : SRII KISHORE KUMAR KATARI COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER 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 petitioners/Accused Nos.1 & 2 on bail in Cr.No.457 of 2025 of `origole Taluka Police Station, Prakasam District, registered against the petitioners/Accused'Nos.1 & 2 herein for the offence punishable under Section 8(c) r/w 2(b) (ii) (B) of the Narcotic Drugs and Psychotropic Substances.Act, - 1985 (for brevity fth-e NDPS ActJ). CASE OF THE PROSECUTION: 2. Material averments stemming from the prosecution are that on 25.07.2025, on receipt of credible information about illegal transportation of ganja, the Inspector of Police, Ongole Taluka Police Station along with his staff and mediators proceeded to Dharani Venture, Mukthinuthalapadu Village outskirts and apprehended Accused Nos.1 to 10 while they were in possession of ganja. The petitioner No.1/Accused No.1 herein used to travel Andhra-Orissa border to purchase ganja at cheaper rates from Accused Nos.ll to 13 and brought the same through buses and trains and Accused Nos.2 to 10 used to purchase ganja from Accused NoIl herein and Accused No.4 also used to purchase ganja from Accused Nos.14 & 15 and about three days back, Accused No.1 went to Andhra-Orissa border and purchased 1 1/2 kgs of ganja for Rs.2,000/-per KG from Accused Nos.ll to 13 and brought the same to Ongole and on 25.07.2025, all of them assembled and discussing about their sharing and on that the, Inspector of police arrested the petitioners/Accused Nos.1 & 2 along with other accused and also seized ll/2 kgs of ganja under the cover of mediatornama and tregistered the aforementioned crime and remanded the petitioners to judicial custody. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri Kishore Kumar Katari, learned counsel for the Petitioners submits that the Petitioners are innocent and have been falsely implicated in the alleged offence, without any cogent evidence linking them t9 the commission of the crime. It is contended that the Petitioners are the sole breadwinners of their family-and their-arrest would cause undue hardship and prejudice to their dependents. The quantity of ganja involved |ln.this case is not a commercial quantity. The Petitioners undertakes to abide by any condition that this Court may impose while granting bail to the Petit'loners. 4. It is further submitted that the Petitioners are permanent residents of Prakasam District and there is no likelihood of their absconding or evading the process of law. The Petitioners have cooperated with the investigation thus far and assures continued cooperation in future proceed'lngs. lt is also urged that if any cond'ltion 'ls 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 EEEE£E¥lFS=€L- examined. It is further submitted that there are no adverse antecedents against the petitioners. POINT FOR CONSIDERATION: 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 against the petitioners/Accused Nos.1 and 2 is that they had been indulged in possession of ll/2 Kgs of ganja. It is not a commercial quantity. The petI'tiOnerS Were arrested On 25.07.2025 and they have been in the judicial custody for the past 45 days. The petitioners are permanent residents of Singarayakonda Mandal and Ongole respectively. A" the witnesses are officials. PrimS pgivorfion of investigation is completed. Hence, the scope of petitioners threatening the witnesses or tampering the evidence or hampering investigation may not arise. 8. Be that as it.may, the petitioners have been in the judicial Custody for the past 45 ciays, he was arrested on 25.07.2025. The petitioners have got fixed abode. They are permanent residents of Prakasam District. CONCLUSION: 9. 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 petI'tI-OnerS On bail With the following stringent conditions: i. The petitioners/Accused Nos.1 & 2 shall be enlarged on bail subject to they executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties for the like sum each to the satisfaction of the Ill Additional JunI'Or Civil Judge (Additional Munsif Magistrate), Ongole. ii. The petI'tiOnerS/Accused Mos.1 & 2 shall appear before the StatI'On House Officer, Ongole Taluka Police Station, Prakasam 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 petitioners/Accused Nos.1 & 2 shall not leave the limits of the Dl'strict without prior permission from the station House Officer concerned. iv. The petitioners/Accused Nos.1 & 2 shall not commit or indulge in commission of any offence in future. v. The petl'tioners/Accused Nos.1 & 2 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 petitioners/Accused Mos.1 & 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 {o any police officer. vii. The petitioners/Accused Nos.1 & 2 shall surrender theI'r 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 OffI-Cer. 10. Accordingly, the Criminal Petition is allowed. SD/-P.VINOD KUMAR ASSISTANgEG !STRAR //TRUE COPY// s ECTIO6RE OFFICER Toll. The Speclal Judge under NDPS Act-Gum- I Addltlonal Dlstrlct & sessions Judge, Prakasam District, Ongole 2, The Ill Additional Junior Civil Judge(Additional Munsif Magistrate), Ongole 3. The Superintendent, District Jail, Ongole, Prakasam District 4. The Station House officer, Ongole Taluka Police Station, Prakasam District 5. One CC to SRl. KISHORE KUMAR KATARI Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT] 7. One spare COPY I.I. I. #+ . I . ` ¢ ir= '# | Jgr/ I. I ,`L ~ + •t HIGH` COURT DR.YLR,J DATED :09/09/2025 BAIL ORDER CRLP.No.8980 of 2025 ALLOWED