1 Dr. YLR, J Crl.P.No.9356 of 2025 Dated 06.10.2025 APHC010472222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9356/2025 Between: KILLO SOMANADH ALIAS SONU, S/O. RAJU BABU, AGED ABOUT 23 YEARS, R/O. VARTHANPALLY VILLAGE, THAMMINGULA POST, CHINTHAPALLI MANDAL, ALIURI SITHARAMA RAJU DISTRICT, A.P. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: 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 Petitioner/Accused No.8 on bail in Crime No.94 of 2024 of 2 Dr. YLR, J Crl.P.No.9356 of 2025 Dated 06.10.2025 Koyyuru Police Station, ASR District, was registered against the Petitioner/Accused No.8 herein for the offences punishable under Section 111 (2) (b) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), Section 20(b)(ii)(C) and Section 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 30.09.2024 at about 10.00 A.M., the Sub-Inspector of Police, Koyyuru Police Station, on receipt of credible information about illegal possession and transportation of ganja, secured the presence of mediators and rushed to the outskirts of Cheedipalem Village of Koyyuru Mandal and started conducting vehicle checking. The police observed one motorcycle and two cars coming from the Budaralla Village side and, on seeing the police, the riders of those vehicles reversed and tried to escape. The police apprehended two car drivers while the others absconded. On interrogation, they disclosed their identity particulars, and the police found 851 KGs of ganja in their possession. The police arrested the accused and seized the contraband and vehicles. They also confessed to the involvement of other accused in the commission of the offence. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3 Dr. YLR, J Crl.P.No.9356 of 2025 Dated 06.10.2025 3. Sri G.Maheswara Rao, learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence and he 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 Petitioner 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 condition that this 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 his absconding or evading the process of law. The Petitioner has cooperated with the investigation thus far and assures continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant further custodial detention, and if any condition is imposed while granting the bail, Petitioner would not violate it; and it is urged to allow the Petition. ARGUMENTS OF THE STATE: 5. Per contra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor strenuously opposed to grant of bail and prosecution further apprehend that the Petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It 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 4 Dr. YLR, J Crl.P.No.9356 of 2025 Dated 06.10.2025 progress of the investigation, it is submitted that the Petitioner does not deserve the discretionary relief of bailand it is urged to dismiss the bail petition. 6. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. POINT FOR CONSIDERATION: 7. 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 Petitioner is entitled for grant of bail?” ANALYSIS: 8. As seen from the record, the allegation against the petitioner/Accused No.8 is that he acted as a driver of the vehicle in which 815 KGs of ganja was allegedly transported. The petitioner was not arrested at the spot. The role of the petitioner came to light based on the confession of Accused No.3. The alleged offence took place on 30.09.2024. The petitioner was arrested on 15.07.2025 and has been in judicial custody for the past 83 days. The learned counsel for the petitioner submits that Accused No.3 was already enlarged on bail. A learned Single Judge of this Court, in Crl.P.No.6865 of 2025, vide order dated 11.07.2025, enlarged Accused No.3 on bail with certain conditions. The learned Assistant Public Prosecutor submits that there are no similar criminal 5 Dr. YLR, J Crl.P.No.9356 of 2025 Dated 06.10.2025 antecedents reported against the petitioner. The petitioner is a permanent resident of Varthanpalli Village, Thammingula Post, Chinthapalli Mandal, ASR District, and he has a fixed abode. So far, five witnesses have been examined, all of whom are official witnesses. The material portion of the investigation, insofar as the petitioner is concerned, is completed. The chances of the petitioner threatening the witnesses, hampering the investigation, or tampering with the evidence may not arise. 9. Considering the period of detention undergone by the Petitioner/Accused No.8, 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/accused No.8 on bail with the following stringent conditions: i. The Petitioner/Accused No.8 shall be enlarged on bail subject to he executing a personal 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 the learned Judicial First Class Magistrate, Chintapalli. ii. The petitioner/Accused No.8 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. 6 Dr. YLR, J Crl.P.No.9356 of 2025 Dated 06.10.2025 iii. The petitioner/Accused No.8 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.8 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.8 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. v. The Petitioner/Accused No.8 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. 10. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 06.10.2025 RSI 7 Dr. YLR, J Crl.P.No.9356 of 2025 Dated 06.10.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9356 OF 2025 06.10.2025 RSI