lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIFTEENTH DAY OF SEPTEMBER, L# TWOTHOUSANDANDTWENTY FIVE L-Z : PRESENT: ulf '`,,~ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO L'++-7 CRIMINAL PETITION NO: 9131 OF 2025 `ut.rH Betwee n : \.I., Gugulothu Bhaskar @ Swamy, S/o. Thirupathi, Aged 38 years, C/ST- Lambada, Occ: Agriculture, R/o. Dhararam Thana, Maripeda, Mahabubabad District. \_ -,,-- \+t. , ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, Through Station House Officer, Tuni Town police statiffi, Represented by Public Prosecutor, High court ofA.P \ctf .I.Respondent L,Ffr' •j \€/ Petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge him on bail in _tr_ __ __ __ _ _ _ __ \`±(- connection with Crime No.36 of 2016 of Tuni Town Police Station on such terms the HonJble Court deems fit and proper in the interest o{j;±JStiCe; The petition coming on for hearing, upon perusing the petition and the, memorandum of grounds of criminal petition and upon hearing the \¢.-,, arguments of Sri Duggirala Subash, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following; tr-~J ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevI'ty cthe BNSSJ), seeking to enlarge the petitioner/Accused No.3 on bail in Crime No.36 of 2016 of Tuni Police Station, registered against the petitioner/Accused No.3 herein for the offence punishable under Section 8 (c) r/w 20(b)(ii) (C) of the Narcotic Drugs and Psycho{ropic Substances Act, 1985 (for brevity [the NDPS Act'). CASE OF THE PROSECUTION: 2. The case of the prosecution is that on 19.04.2016 on receipt of credible information, the police along with staff and mediators rushed to the scene of offence i.e., near seetarampuram Junction, NH-16 and apprehended the Accused Nos.1 and 2 and sel-zed 45 Kgs of ganja from the vehicle. On I'nterrOgatiOn, they revealed that based On the instructions of petitioner herein, they procured the contraband from an unknown person and on his instructions, Accused Nos.1 and 2 agreed to transport the contraband. Based on the confession of Accused Nos.1 & 2, the petitioner Was arrested On execution Of PT warrant on 25.06.2025. CONTENTIONS OFTHE COUNSEL FORTHE PETITIONER: 3. Sri Duggirala Subash, learned Counsel for the Petitioner submI-tS that this is the second bail application. The petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the only earning member of his family. Basing on the - confession of other accused, the petitioner was shown as accused No.3. The petitI'Oner iS Permanent reSl-dent Of Mahabubabad District and he undertakes to strictly adhere to any conditions that may be imposed by this court. The petitioner was arrested on 23.06.2025 and he is in J'ail for the Past 72 days. ln the light of the foregoing, learned counsel prays that the present petition be allowed in the interest ofJ-uStiCe. ARGUMENTS OF THE STATE: 4. Ms.Akhila Naidu, learned Assistant Public Prosecutor, submits that commercial quantity i.e. 45 of ganJ-a Was inVOIVeCl in this Case. She submits that charge sheet was filed, case was taken on file and the same was numbered as NDPS SC No.185 of2018. POINT FOR CONSIDERATION: 5. 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 Petitioner is entitled for grant of bail?" ANALYSIS: 6. . As seen from the record, this is the second bail applicationl This Court on 18.08.2025 dismissed the first bail application file-d by th-e petitioner. ln this case, charge sheet was filed and the same was numbered as NDPS SC No.185 of 2018. The petitioner was arrested on 23.06.2025. Ever since he has been in the judicial custody. The petitioner is permanent resident of t` ® .`\ i=s= E= Mahabubabad District and he has fixed abode. Since the charge sheet has already been numbered it will take a considerable length of time for commencement and disposal of the trial. Till such indefinite period, keeping the petitioner/accused in judicial custody would not be warranted in the facts and circumstances of the case. CONCLUSION: 7. Considering the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioner/Accusecl No.3, this Court is inclined to enlarge him on bail with the foll'owing stringent conditions: i. The petitioner/Accused No.3 shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/~ (Rupees Twenty Five thousand only), with two sureties each for the like sum each to the satisfaction of learned I Additional Sessions Judge, Rajamahendravaram. ii'. The petitioner/Accused No.3 shall appear before the learned Trial Court for each and every adjournment without fai`l. iii. The petitioner/Accused No.3 shall not leave the limits of the State of A.P without prior permission from the station House officer concerned. iv. The petitioner/Accused No.3 shall not commit or indulge.in commission of any offence in future. (, --`` I- v. The petitioner/Accused No.3 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. vi. The petitioner/Accused No.3 shall surrender his passport, if any, to the investigating officer. lf he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 8. Accordingly, the Criminal Petition is allowed. //TRUE COPY// For i 3/: :gjlf§§TERRRiARRAO To, 1. The lSt Additional Sessions Judge Court at Rajamahendravaram. \u€r-- 2. The Superintendent, Central Prison, Rajamahendravaram. \\~,rr+ 3. The Station House Officer, Tuni Town PolI'Ce Station, East Godavari District. -i) 4. One CC to Sri. Duggirala Subash, Advocate [OPUC`]-,- 5. Two CCs to Public Prosecutor, High Court of AP [OUT] \cJ` 6. One spare copy `.,,'J MM / HIGH COURT Dr.YLR,J DATED:15/09/2025 ORDER CRLP.No.9131 of 2025 ALLOWED / i- i