IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR TUESDAY] THE SIXTEENTH DAY OF SEPTEMBER,g4fap TWO THOUSAND AND TWENTY FIVE :PRESENT: u# HONOURABLE DR JUSTICE Y. LAKSHMANA RAO / CRIMINAL PETITION NO: 9335 OF 2025 # `£ft Between: Mallipudi Aseesh, S/o. Durga Rao, aged about 21 Years, House No.24A-2- 1/4, MRO Colony, Near Varalamma Temple, Ashok Nagar, EIuru, West Godavari R/o. Daniyalapeta Street, Gudivada, Krishna District Aadhra No. 480691330775 ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep. by I-tS Public Prosecutor, HI-gh Court of Judicature of Andhra Pradesh At Amaravati. ...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 petitl-oner/Accused-2 on bail in Cr. No. 53 of 2025, of Nathavaram Police Station, Anakapalli Distri.ct under section 8© R/w 20(b)(ii)(B) of NDPS Act 1985 dated 07-06-2025, Zzz Counsel forthe Petitioner : Sri Kakumanu Joji Amrutha Raju ,, Counsel for the Respondent : Ms.P.Akhila Naidu Assistant Public Prosecutor. The Court made the following ORDER: Dr. YLR, J Crl.P.No.9335 of 2025 Dated 16.09,2025 -tr1,-1` The Court made the following: ORDER'. The Criminal Petition has been filed under Sections 437 and 439 of the code of criminal procedure,1973 (for brevity [the Cr.P.C.I)/ Sections 480 and 483 of the Bharatiya fuagarik Suraksha Sanhita, 2023 (for brev'lty [the BNSS'), Seeking to enlarge the petitioner/Accused No.2 on bail in cr.No.53 of 2025 of Na{havaram Police Station, Anakapalli District, registered against the petitioner/Accused No.2 herein for the offenCeS punishable under section 20(b)(ii)(B) read with 8 (c) of the Narcotic Drugs and psychotropic substances Act, 1985 (for brevity fthe NDPS Act'). 2. The case of the Prosecution iS that On 07.06.2025, at about 10-.00 hours, on receipt of credible information regarding illegal transportation of ganja, the sub-Inspector of police, Nathavaram Pol|lce Station, along with staff and mediators, proceeded to Thandava JLinction and conducted vehicle checks. The police noticed two individuals Carrying a White gunny bag approaching from Narsipa{nam towards Tuni. On seeing the police, they attempted to flee but were apprehended w-lth the assistance of staff. During interrogation, they admitted that the bag COntained ganja and confessed that they tried to escape fear'lng apprehension. Both accused were then separated and questioned individually, and thei.r confessional > >' isi__*1. __= • J A-*fff,fffFf= _ 3 Dr. YLR, J CrI.P.No.9335 of 2O25 Dated 16.09.2025 statements were recorded. The police seized 4.5 KGs of ganja u-nder the cover of a mediators' report. 3. Sri Kakumanu Joji Amrutha Raju, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely i.mplicated by the police. It is furl:her submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. ln light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 4. Per confra, Ms.P.Akhila Naidu, the learned Assistant Public prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. lt is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investicgation and evading the process of law. ln view of the foregoing 'submissions, it is urged that .the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perusec! the record. qi= riri-i . ---.---- -_ `-,---_,_|||| \ 4 Dr. YLR, I Crl.P.No.9335 of 2025 Dclted 16.09.2025 6. As seen from the record, the petitioner/Accused No.2 was allegedly indulged in dealing with 4.5 kgs of ganja, which is not a commercial quantity. The petitioner has been languishing in jail since o7.06.2025. Nearly for the past 101 days he has been in judicial custody. The petitioner/Accused No.2 is.a permanent resident of Daniyalapeta Street, Gudivada, 'Krishna District. There are no adverse antecedents reported against the petitioner/Accused No.2. So far two (02) witnesses have been examined. The material portion of the investigation is completed. All the witnesses of the prosecution are official witnesses. Hence, the question of the petitioner influencing or threatening the witnesses or hampering the I-nVeStigatiOn may not arise. 7. Considering the period of detention undergone by the petitioner/Accused No.2 in judicial custody for the past 101 days, the nature and gravity of allegations' levelled against` the petitioner, and his alleged role played in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The petitioner/Accused No.2 shall be enlarged on bail i subject {o he executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety-for the like sum each to the satisfaction of the learned Additional Judicial First class Magistrate, Narsipatnam. i.-I i, < -.,~,-. --I-- `-i-- gEggREBgREREREREREiEgsegr 5 Dr. YLR, J CrI.P.No.9335 of 2025 Dated 16.O9.2025 ii. The petitioner/Accused No.2 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. iii. The petitioner/Accused No.2 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.2 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 No.2 shall not, dI'reCtly Or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to d'issuade him/her from disclosing such facts to the court or to any police officer- Accordingly, the Criminal Petition is allowed- sD/-K. KASiRAO A€:HAR! ASSISTANT a//TRUE COPY// I For jL ±rf SECTION OFFiCL+-R To, 1. The Addtitional Judl'ciaI First Class Magl-strafe, Narsipatnam. 2. The Superintendent, central prison, visakhapatnam, visakhapatnam District. 3. The Station House Officer, Nathavaram Police Station, Anakapalli District. 4. One CC to Sri Kakumanu Joji Amrutha Raju, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court ofAndhra Pradesh [OUT] 6. Onesparecopy HIGH COURT Dr.YLR,J DATED: 16/09/2025 BAIL ORDER CRLP.No.9335 of 2025 ALLOWED