lN THE HIGH COURToF ANDHRA PRADESH AT AIVIARAV FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO: 314 OF 2025 Betwee n : Madepalli Daniyal, s/o pedababu, age 21 years Kapu by caste, driver, Res/at Bypass road. Balighattam, Narsipatnam Mandal Anakapalli district. Petitio ne I/Ace used -2 AND The State OfAndhra Pradesh, , Rep by its Public Prosecutor, High Court Buildings, Amaravathi Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) 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 on bail pending investigation and trial in Crime No.186/2022 of . Rolugunta Police Station, Narsipatnam Mandal, Anakapalli District, in the interest of justice COUNSEL FOR THE PETITIONER : SRI. lSUKAPATLA.AJAY KRISHNA COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER PETITION NO.314 of 2O25 CRIMINAL ORDER: 1. The present Cr-lm'lnal Petit'lon is filed under Sections 437 & 439 of cr.p.c to enlarge the petitioner/Accused No.2 on bail 'ln connection With cr.No.186 of 2022 of Rolugunta Police Station, Narsipatnam Mandal, Anakapalli D'lstrict, registered for the Offence Punishable under Section 20(b)(ii)(c) R/w Section 8 of N.D.P.S. Act. 2, Heard Sri lsukapatla Ajay Krishna, learned COunSel for the petitioner and the learned Assistant Public Prosecutor appearing for the Respondent-State. 3. Perused the record. 4. The Petitioner herein 'IS theAccused No.2 in the above Crime. 5. As per the mediatOrS' report, the Inspector Of Police received information about movement of Ganja on 18.12.2022. Immediately, the mediators were procured and while the pol'lce were checking the vehicles, two persons were coming on the bike bear'lng No.AP 31 CY 9511 followed by Baleno car bearing No.AP 39 TX 5894. lmmed'lately, on seeing the police party, they started runn'lng and were eventually caught by the police. similarly, three persons in the Baleno vehicle got down and were trying to run away, but were caught by the police. ln the course of checking, the police recovered 9 bags of Ganja weighing about 180 Kgs. from the accused. Accordingly, the accused Other than the petitioner/A.2 were arrested On that Particular day. Subsequently, the petitioner/A,2 was arrested On 29.08.2024 as he was also Part Of the persons, who were transporting Ganja On that day. +|_`_J l`_-_S er{=fft4- P 6. The counsel for the -Petitioner contended that the other accused i.e. A.1 and A.3 to A.7 were already released on bail and sought for release of the Petitioner/A.2, as he had already completed 150 days detention. 7. The learned Assistant Public Prosecutor submitted that the investigation is substantially completed and stated that the charge sheet is yet to be filed in view of the non-availability of A.8 to A.ll, who are said to be involved in the said crime. 8. Considering the fact that the Petitioner/A.2 is detained 150 days and as A.1 and A.3 to A.7 were already released on bail, this Court does not deem it appropriate to continue the detention of the PetitionerA.2 and he is entitled to be released on bail on the following conditions:- (i) The Petitioner/Accused No.2 shall be released on executing personal bond for Rs.50,000/-(Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Metropolitan Sessions Judge-Gum-I Additional District and Sessions Judge-Special Judge for trial of offences under NDPS Act at Visakhapatnam, Visakhapatnam District. (ii) On release, the Petitioner/Accused No.2 shall appear before the Station House Officer concerned, once in a month till conclusion of trial. (iii) The Petitioner/Accused No.2 shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation. lt is made clear that the Petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. =_B= I. (iv) The Petitioner/Accused No.2 shall not leave the jurisdiction Of the visakhapatnam District without prior int'lmatiOn tO the Investigating Officer and he shall make himself available of his location through mobile phone by pairing it with the mobile phone of the concerned Station House Officer as held by the Hon'ble Supreme Court in the case of Puranmal Jat v. State of Rajasthan1. \ 8. Accordingly, the Criminal Petition is allowed. As a sequel, pending applications, if any, Shall stand closed. //TRUE COPY// SD/- K.SRINIVAS,'S. RAJu ASSISTANT REGISTRAR sECTld#N#6EF!CER Fc To, 1. The Metropol'Itan Sessions Judge-Gum-I Additional Distr'ICt & Sessions Judge- special Judge for Trial of Offences under NDPS Act, Visakhapatnam 2. The superintendent, Central Prison, V'lsakhapatnam 3. The Station House ofrICer, Rolugunta Police Station, Narsipatnam Mandal, Anakapalli District 4. One CC to SRl. lSUKAPATLA.AJAY KRISHNA Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of A.P[OUT] 6. One spare copy 12023 SCC Online SC 1418 || I- HIGH COURT VN,J DATED:24/01 /2025 BAIL ORDER CRLP.No.314 of 2025 ALLOWED