IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE ;PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9355 OF 2025 ,DH/ "c 1^; A:'. k\. ■ V. .m ir.-it •S:-' J r :X\- .'V." t <! li dl & I; V'.S- U'J.V'' / t 'F y.'' Between: Pangi Vinod, S/o. Late Kandra, aged about 40 years, R/o. Kotagummalu Village, Kudumusara Panchayat, Chinthapalli Mandal, Alluri 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 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 enlarge the Petitioner/Accused No.3 on bail pending disposal of Crime No.277/2022 of Narsipatnam Town P.S., now Anakapalli District. Counsel for the Petitioner : Sri Balabhadruni Manohar Counsel for the Respondent : Ms.P.Akhila Naidu Assistant Public Prosecutor. The Court made the following ORDER: 2 Dr. YLR, J Crl.PNo.9355 of 2025 Dated 18.09.2025 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 the BNSS’), seeking to enlarge the petitioner/Accused No.3 on bail in Cr.No.277 of 2022 of Narsipatnam Town Police Station, Anakapalli District registered against the petitioner/Accused No.3 herein for the offences punishable under Section 20(b)(ii)(C), 25 read with 8 (c)pf the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). CASE OF THE PROSECUTION: On 26.10.2022, on receipt of credible information regarding illegal 2. possession and transportation of ganja, the Sub-Inspector of Police Narsipatnam Town Police Station, along with his staff and mediators. rushed near the RTC Complex, Narsipatnam Town. The police noticed two persons on a scooty coming towards them, and on seeing the police, those persons tried to escape. The police apprehended both the persons. During the course of investigation, the accused disclosed their address particulars and based on their confession statements, the police seized 2.00 kgs of ganja under the cover of a mediators’ report. The petitioner was implicated 3 Dr. YLR, J Crl.RNo.9355 of 2025 Dated 18.09.2025 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 that the petitioner is innocentand has been falsely implicated in the alleged offence, without any cogent evidence linking to the commission of the 3. 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 any 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: 5. Per contra, Ms.Akhila Naidu, learned Assistant Public Prosecutor, strenuously opposed to grant of bail, contending that the investigation is 4 Dr. YLR, J Crl.RNo.9355 of 2025 Dated 18.09.2025 still underway and several material witnesses are yet to be examined.lt 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 petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course ofjustice.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 gra\>ity 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: In the light of the case of the prosecution and the contentions of 7. 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 5 Dr. YLR, J Crl.RNo.9355 of 2025 Dated 18.09.2025 2.00 kgs of ganja along with the other accused. The learned Assistant Public Prosecutor subnnits that one similar adverse antecedent under the provisions of ‘the NDPS Act’ has been reported against him in Crime No.237 of 2024. Be that as it may, the petitioner/Accused No.3 is presumed to be innocent until proven guilty.ln Prabhakar Tiwari v. State of U.P. and others ^, the Hon'ble Apex Court has categorically held that criminal antecedents should 'not be taken into consideration while considering the application for grant of bail. The petitioner/Accused No.3 is permanent resident of Kotagummalu Village, Kudumusara Panchayat, Chinthapalli Mandal, ASR District. He has got fixed abode. The petitioner/accused No.3 was arrested on execution of P.T.Warrant on 18.08.2025. He has been in 9. the judicial custody for the past 30 days. 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 10. 2020 (11) see 648 6 Dr. YLR, J Crl.RNo.9355 of 2025 Dated 18.09.2025 inclined to enlarge the petitioner/Accused No.3 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 for the like sum each to the satisfaction of learned Metropolitan Sessions Judge, Visakhapatnam. The petitioner/Accused No.3 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. 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 V. investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. 7 Dr. YLR, J Crt.PNo.9355 of 2025 Dated 18.09.2025 The petitioner/Accused No.3 shall not, directly or VI. 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. 11. The Criminal Petition is accordingly allowec SD/- G.HELANAIDU ASSiSTANTt«EGISTRAR SEUTiON OFFICER //TRUE COPY// For ASSISTANT REGISTRAR To, 1. The Metropolitan Sessions Judge, Visakhapatnam. 2. The I Additional District & Session Judge-Special Judge for Trial of Offences under NDPS Act: Visakhapatnam. 3. The Superintendent, Central Prison, Visakhapatnam, Visakhapatnam District. 4. The Station House Officer, Narsipatnam Town Police Station, Anakapalli District. 5. One CC to Sri Balabhadruni Manohar, Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 7. One spare copy cvss HIGH COURT Dr.YLR,J DATED: 18/09/2025 \ BAIL ORDER CRLP.No.9355 of 2025 ALLOWED dr-.