/•7 a/ \t` [3521 I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY ,THE TENTH DAY`OF SEPTEMBER TWO THOUSAND. AND TWENTY FIVE :PRESENT: | | | \|-\+_I \ | | THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO ~; CRIMINAL PETITION NO: 9089 OF 2025 / Betwee n : chandu vikram @ Battula Chandra Sekhar, S/o Gangaiah, Age 25 years, Gandhinagar, Vadapalli, Damaracharla Mandalam, Vadapalle, Nalgonda District. Petitioner/Accused No.3 The State of Andhra Pradesh, Rep. by. its Public Prosecutor High Cour± of Andhra Pradesh, at Amaravat'l. AND Respondent .` petition under section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal petition, the High Court may be pleased to release the Petitioner who is arrayed as petitioner / Accused No, 3 on bail in connection with Crime. No. 98 of 2022 on the file of K.D.Peta Police Station, Anakapal'i District. E= The petition/Appeal coming on for hearing, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of sri slvAPRASAD REDDY VENATI Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent anc! the Court made the following./ APHCO10457932025 EEiH lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original JurI-SdiCtiOn) WEDNESDAY,THE TENTH DAY OF SEPTEM|BER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9089 OF 2025 [3521] Between : 1.CHANDU VIKRAM ALIAS BATTULA CHANDRA SEKHAR, S/O GANGAIAH, AGE 25 YEARS, GANDHINAGAR, VADAPALLl, DAMARACHARLA MANDALAM, VADAPALLE, NALGONDA DISTRICT. u.PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor High Court ofAndhra Pradesh, at AmaravatI-. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainan{.I 1.PUBLIC PROSECUTOR The Court made the following: ORDER: The CrimI'naI Petition has been filed under Sections 48O and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity t{he BNSS'), seeking to enlarge the Petitioner/Accused No.3 on bail in Crime No.98 of 2022 of K.D.Peta Police Station, Anakapalli District, registered against, the petitioner/Accused No.3 herein for the offence Punishable under Sections 20(b)(ii)(c), 25 read with 8(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 14.10.2022 at 12.00 hrs, on receipt of credible information, the Police along with panchayatdars proceeded {o the crime scene at 14.30 hrs, the Accused No.2 purchased 6 Kgs of ganja from Accused No.1 for handing over the same to Accused No.3. While the Accused No.1 and 2 are proceeding to vijayawada via pedavalasa, Rompula, the Police seized the same along with bike and two mobiles from the Accused and registered the above case. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri Sivaprasad Reddy Venati, learned Counsel for the Petitioner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence, without any cogent evidence linking him to .the commission of the crime. It is contended that the Pet-ltioner is the sole breadwinner of his family and his arrest would cause undue hardship and prejudice to his dependents. The Petitioner undertakes to abide by any cond|ltion that th'ls Court may impose while granting bail to the Petitioner. 4. It is further submitted that the Petitioner has a permanent place of residence and there is no likelihood of him absconding or evading the process of law. The Petitioner has cooperated with the I-nVeStI'gatiOn thus far and assures continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant custodial interrogation, and I'f any condition is imposed while granting the bail, PetitI'Oner WOuld not VI'OIate it; and it l's urged to allow the petI|tiOn. ARGUMENTS OF THE STATE: 5. Per cor7fra, Ms. P. Akhila NaI-du, learned Assistant Public Prosecutor strenuously opposed the grant of bail, contending that the investigation is still underway and several material witnesses are yet to be examined. It is submitted that enlargement of the Petitioner on bail at this stage would seriously hamper the progress of the investigation and may result in non- COOPeratiOn from the Petitioner. The prosecution further apprehends that the PetitI-Oner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. lt is also urged that there exists a real and imminent risk of the Petitioner absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the integrity of the investigation, i{ is submitted that the petitioner does not deserve the discretionary relief of bailand it is urged {o dI'SmiSS the bail Petition. POINT FOR CONSIDERATION: 6. In the light of the case of the prosecution and the contentl-ons of the learned Counsel for both the sides, now the point for consideration is: [[Whether the Petitioner is entitled for grant of bail?" ANALYSIS: 7. The case of the prosecution is that, the Petitioner/ Accused No.3 along w-lth other Accused indulged in dealir\g With 6 Kgs of ganja. It is not a commercial quantity. The Petitioner was arrested on 04.08.2025. He has been in judicial custody for the past 37 days. Charge Sheet had already been filed vide NSC No,59 of 2024. The Petitioner has got fixed abode. Heis permanent --'`- resident of vadpalli, Damaracharla Mandal, Nalgonda District. - CONCLUSION: 8; In view of filing of the Charge Sheet and considering the nature and gravity of allegation levelled against the Petitioner, his alleged role played in this case, and the period of detention undergone by the Petitioner,-this Court is inclined to enlarge the Petitioner on bail with the following stringent conditions: i, The Petitioner/Accused No.3 shall be enlarged on bail subject to his executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Addit-lonal Judicial Magistrate of First Class-, Narsipatnam. ii. The Petitioner/Accused No.3 shall appear before the Station House Officer, K.D.Peia Police Station,I Anakapalli District, on every Saturday in between 10:00 am and O5:OO pm, ti!! cognizance is taken by the learned the Trial Court. iii. The Petitioner/Accused No.3 shall not leave the limits of the District 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. v. The PetI-tl-Oner/Accused No.3 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The Petitioner/Accused shall not, directly or indirectly, make any I-nduCement, threat or promise to any person acqual'nted wI|th 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.3 shall surrender his passport, if any, to the investigating offI-Cer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 9. Accordingly, the Criminal Petition is allowed. //TRUE COPY// sd/-SHAIK MOHD. RAFI A S S I SsTEAcNTIOR#j JFSFICREARR ForAc>u.-aJ __ To, 1. The Additional Judicial Magistrate of First Class at Narsipatnam. 2. The Superintendent, central prison, visakhapatnam. 3. The Station House Officer, K.D.Peta Police Station, Anakapalli District. 4. One CC to SRI. SIVAPRASAD REDDY VENATI Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]- 6. One spare copy ` J ¢' HIGH COURT DR.YLR,J DATED:10/09/2025 BAIL ORDER CRLP.No.9089 of 2025 ALLOWED - \