[3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO t CRIMINAL PETITION NO; 9352 OF 2025 m '/.a, ?//■ lO, Between: Padi Appanna, S/o. Padi Nukanna, aged about 45 years, R/o. Veiamamidi Village, Pedakota Panchayat, Anahthagiri Mandai, Aliuri Sitharama Raju District, A.P. Petitioner/Accused No.3 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.3 on bail, pending disposal of Crime No. 108/2025 of Devarapalli P.S., now Anakapalli District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri BALABHADRUNI MANOHAR, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and 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.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 2 Dr. YLR, J Crl.RNo.9352 of 2025 Dated 18.09.2025 \ the BNSS’), seeking to enlarge the petitioner/Accused No.3 on bail in Cr.No.108 of 2025 of Devarapalli Police Station, AnakapalliDistrict, registered against the petitioner/Accused No.Sherein for the offences punishable under Section 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. On 07.08.2025, on receipt of credible information regarding illegal possession and transportation of ganja, the Sub-Inspector of Police Devarapalli Police Station, along with his staff and mediators, rushed near Srirampuram Junction of Devarapallli Village. The police noticed two persons suspiciously, and on seeing the police, those persons tried to escape. The police apprehended both the persons. During investigation. f the accused disclosed their address particulars, and based on their confession statements, the police seized 3.00 kgs of ganja under the cover of a mediators’ report. The petitioner was implicated as Accused No.3 solely on the basis of the confession of the other accused. CONTENTIONS OF LEARNED COUNSEL FOR THE PETITIONER: Sri Balabhadruni Manohar, learned counsel for the petitioner, submits 3. that the petitioner is innocent and he has been falsely implicated in the alleged offence, without any cogent evidence linking to the commission of 3 % Dr. YLR, J Crl..PNo.9352 of 2025 Dated 18.09.2025 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 the dependents of the petitioner. The petitioner undertakes to abide by condition that this Court may impose while granting bail to the petitioner. 4. It is further submitted that the petitioner has permanent place of residence and there is no likelihood of him 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 custodial interrogation, and if any condition is imposed while granting the bail, the petitioner would not violate it; and it is urged to allow the petition. ARGUMENTS OF THE STATE: any 5. Per contra, Ms.Akhila Naidu, learned Assistant Public Prosecutor, strenuously opposed to grant of bail, contending that the investigation i: 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 IS seriously hamper the progress of the investigation and may result in non cooperation from the petitioner. The prosecution further apprehends 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 4 Dr. YLR, J Crl.PNo.9352 of 2025 Dated 18.09.2025 0' 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, it is submitted that the petitioner doesnot deserve the discretionary relief of bailand it is urged to dismiss the bail petition. 6. Thoughtful consideration is bestowed on the arguments advanced by 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 learned counsel for both sides, now the point for consideration is; Whether the petitioner/Accused No. 3 is entitled for grant of bail? ANALYSIS: 8. As seen from the record, it is alleged by the prosecution that the petitioner/Accused No.3 was involved in possession and transportation of 3.00 kgs of ganja along with the other accused. The petitioner/Accused No.3 is permanent resident of Velamamidi Village, Pedakota Panchayat Ananthagiri Mandal, ASR District. He has got fixed abode. The petitioner/accused No.3 was arrested on 11.08.2025. He has been in the The learned Assistant Public judicial custody for the past 38 days. 5 Dr. YLR, J Crl.RNo.9352 of 2025 Dated 18.09.2025 Prosecutor reported that no similar adverse antecedents against the petitioner. So far five 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 investigation may not arise. CONCLUSION: Considering the facts and circumstances of the case and the nature and gravity of allegations levelled against the petitioner, this Court is inclined to enlarge the petitioner/Accused No.3 on bail with the following 9. stringent conditions: 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 (i) sureties for the like sum each to the satisfaction of learned Additional Judicial First Class Magistrate, Chodavaram. The petitioner/Accused No.3 shall appear before the II. Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. 6 Dr. YLR, J Crl..PNo.9352 of 2025 Dated 18.09.2025 The petitioner/Accused No.3 shall not leave the limits of III. the District without prior permission from the Station House Officer concerned. The petitioner/Accused No.3 shall not commit or IV. indulge in commission of any offence in future. The petitioner/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. V. The petitioner/Accused No.3 shall not, directly or indirectly, make any inducement, threat or promise to VI. 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. The Criminal Petition is accordingly allowed. SDI- G.HELANAIDU ASSiSTANT/ftEGISTRAR //TRUE COPY// SECTION OFFICER For To, 1. The Additional Judicial First Class Magistrate, Chodavaram, Visakhapatnam District. 2. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District 3. The Station House Officer, Devarapalli P.S., now Anakapalli District 4. One CC to SRI. BALABHADRUNI MANOHAR Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of AP [OUT] 6. One spare copy HIGH COURT DR.YLR,J DATED: 18/09/2025 BAIL ORDER CRLP.No.9352 of 2025 ALLOWED