IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINTH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE -PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9004 OF 2025 Between: 1. Mondem Sailesh, S/o. Venkata Ramanaiah Aged 21 years. Resident of Sullur, Sullurpeta town, S.P.S.R.Nellore District, 2. Venati Sri, s/o.Muni Chandra, Aged 20 years,Resident of H.No.5-3-157 Nagarajapuram, Sullur,Sullur^t town, S.P.S.R.Nellore District. ...Petitioner/Accused 4 and 6 AND The State of Andhra Pradesh, 'Through S.H.O Sullurupet PS Tirupaathi District, Rep.by public prosecutor. High court of Andhra Pradesh. ...Respondent/Complainant Petition under Section 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the petitioners /Accused Nos. 4 and 6 connecting in Crime No. 152 of 2025 the file of Sullurupeta PS, NELLORE District. Counsel for the Petitioners : Sri Lingala Hazarathaiah Counsel for the Respondent : Ms.P.Akhila Naidu Assistant 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.4 & 6 on bail in Crime No. 152 of 2025 of Sullurupet Police Station, registered against the petitioners/Accused Nos.4 & 6 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! 2. Material averments stemming from the prosecution are that on 08.07.2025 at 14.00 hrs, the Sub Inspector of Police, Sullurupet Police Station along with mediators rushed to the scene of offence and apprehended Accused Nos.4 and 6 along with other accused while they were transporting and possession of 10 Kgs of ganja under the cover of mediators’ report and registered a case in the aforementioned crime. The petitioners/Accused Nos.4 and 6 are remanded to judicial custody on 09.07.2025. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri L.Hazarathaiah, learned counsel for the Petitioners submits that the Petitioners are innocent and have been falsely implicated in the alleged offence. It is contended that the Petitioners are the sole breadwinners of their family and their arrest would cause undue hardship and prejudice to their 3 dependents. The quantity of ganja involved in 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 Petitioners. 4. It is further submitted that the Petitioners are permanent residents of Sullurpet Town of SPSR Nellore District and there is no likelihood of their absconding or evading the process of law. The Petitioners have cooperated with the investigation tfips far and assures continued cooperation in future proceedings. It is also urged that if any condition is imposed while granting the bail, Petitioners 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 vehemently opposed the grant of bail to the petitioners submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering the investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. ongoing 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? 4 ANALYSIS: 7. As seen from the record, the allegation against the petitioners/Accused Nos.4 and 6 is that they had been indulged in dealing with 10 KGs of ganja along with other accused. They were arrested on 09.07.2025. The petitioners have been in judicial custody for the past 62 days. The petitioners permanent residents of Sullurpet Town of SPSR Nellore District. Material portion of the investigation is completed and prime witnesses have been examined. There are no similar adverse antecedents reported against the petitioners. However, there is no scope for threatening the witnesses interfering with the investigation process. are or 8. Be that as it may, the petitioners have been in the judicial custody for the past 62 daysj,'|rhey were arrested on 09.07.2025. The petitioners have got fixed abode. They are permanent residents of SPSR Nellore 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 petitioners on bail with the following stringent conditions: 5 The petitioners/Accused Nos.4 & 6 shall be enlarged 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 Additional Judicial Magistrate of First Class, Sullurpet Town, ii. The petitioners/Accused Nos.4 & 6 shall appear before the Station House Officer, Sullurpet Police Station, SPSR Nellore District, on every Saturday in between 10:00 am and 05:00 till cognizance is taken by the learned the Trial Court, iii. The petitioners/Accused Nos.4 & 6 shall not leave the limits of the District without prior permission from the Station House Officer concerned, iv. The petitioners/Accused Nos.4 & 6 shall not commit indulge in commission of any offence in future. The petitioners/Accused Nos.4 & 6 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 Nos.4 & 6 shall not, directly 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. I. on pm or V. or 6 vii. The petitioners/Accused Nos.4 & 6 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. Accordingly, the Criminal Petition is allowed. 10. ^-^ELANA/DU assistant r SECTIO^OFFICER Registrar //TRUE COPY// I For, To. 1. The Additional Judicial Magistrate of First Class, Sullurpet Town. 2. The S.H.O Sullurupet Police Station, Tirupathi District. 3. One CC to SRI. LINGALA HAZARATHAIAH Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh 5. One spare copy [OUT] cvss HIGH COURT Dr.YLR,J DATED:09/09/2025 BAIL ORDER CRLP.No.9004 of 2025 ALLOWED