APHC010503142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOS: 9886 AND 9887 OF 2025 CRIMINAL PETITION NO: 9886 OF 2025 Between: 1. YALAKALA DAYANIDHI, NAGARAJAPURAM,SULLURUPETA TOWN, TIRUPATI DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by its SHO, Sullurpet Police StationTirupati District, through Public ProsecutorHigh Court Bldgs, Amaravati ...RESPONDENT/COMPLAINANT CRIMINAL PETITION NO: 9887/2025 Between: 1. KAMPA CHANDRAKANTH, RO. SRI CHENGALAMMA LAYOUT, BEHIND SAIBABA TEMPLE,SHAR ROAD, SULLURPETA TOWN. 2. ANKALA BHARAT KHOUSHAL KOUSHIK, RO. FLOOR, BHAVANI RESIDENCY,11STREET, RR PETA, VIJAYAWADA CITY. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its SHO, Sullurpet Police StationTirupati District, through Public ProsecutorHigh Court Bldgs, Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. T JANARDHAN RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These two Criminal Petitions are heard and disposed of by this common order, as the Criminal Case registered against the Petitioners is one and same. The Criminal Petitions have been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1, 2 and 7 respectivelyon bail in Crime No. 152 of 2025 of Sullurpet Police Station, Tirupati District, registered against the Petitioners/Accused Nos.1, 2 and 7 herein for the offence punishable under Sections 8(c) read with 20(b)(ii)(B)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 thaton 08.07.2025 at 14.00 hrs, the SI of Police, Sullurpet Police Station along with mediators stated that the Accused 1 and 2 decided to do Ganja Smuggling and got friendship with Accused No.8. About four days ago Accused 3 to 7 gave Rs. 1,00,000/- as advance to Accused 1 and 2 for ganja each 2 Kgs. Then Accused 1 and 2 collected the bag of 10 Kgs of Ganja in 5 packets from Accused No.8. Later Accused 1 and 2 kept the same and returned to Sulluper on 07.07.2025. Accused No.1 and 2 dumped the 10 Kgs of ganja packets in the bushes, situated at Manideep Layouts, behind SHAR vehicle garage, SHAR Road, Sullurpet Town. On 08.07.2025 at afternoon hours Accused 1 and 2 informed the same to Accused 3 to 7, except Accused No.7 remaining Accused No.3 to 6 came there, in the meantime the Police captured them and searched the Accused, wherein it was found 4 cell phones and 1 bike,which were was seized from them under cover of Mahazarnama in the presence of mediators. The police recorded the confession statement, apprehended them and registered the above case. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri T. Janardhan Rao, learned Counsel for the Petitioners submits that the Petitionersare innocents and have been falsely implicated in the alleged offence, and that there is no prima facie material or cogent evidence connecting the Petitioners to the commission of the crime. It is further contended that the Petitionersare the sole earning members of their family and that their incarceration would result in grave hardship and irreparable prejudice to his dependents. The Petitioners undertake to comply with any condition that this Hon’ble Court may deem fit and proper to impose while considering the prayer for grant of bail. 4. It is further submitted that the Petitionersare permanent residents of Nagarajapuram, Sullurpeta Town; SHAR Road, Sullurpet Town and Bhavani Residency, 11th Street, R.R.Peta, Vijayawada City respectivelyand there exists no apprehension of their absconding or evading the due process of law. The Petitioners have extended full cooperation in the course of investigation and undertakes to continue such cooperation in all future proceedings. It is also urged that the nature of the allegations does not necessitate custodial interrogation, and that the imposition of appropriate conditions would suffice to secure the ends of justice. In view of the foregoing, it is urged to allow the petition. ARGUMENTS OF THE STATE: 5. Per contra, Ms. P. Akhila Naidu,learned Assistant Public Prosecutor has vehemently opposed the prayer for bail, asserting that the investigation is at a nascent and critical stage, with several material witnesses yet to be examined. It is submitted that the premature enlargement of the Petitioners on bail would be inimical to the sanctity and efficacy of the ongoing investigative process and may engender deliberate non-cooperation on the part of the Petitioners.The prosecution further raises an apprehension that, if released, the Petitioners may exert undue influence upon, or intimidate, prosecution witnesses, thereby impeding the administration of justice and vitiating the evidentiary foundation of the case. It is also contended that there exists a palpable and imminent risk of the Petitioners absconding, thereby frustrating the due process of law. 6. In view of the gravity and allegations, coupled with the potential threat posed to the integrity of the investigation, it is submitted that the Petitionersare not entitled to the indulgence of discretionary relief and it is urged to dismiss the present Criminal Petitions. POINT FOR CONSIDERATION: 7. In view of the rival submissions advanced by both the learned Counsel and upon a perusal of the prosecutorial narrative, the pivotal issue now meriting for consideration is: “Whether the Petitionersare entitled for grant of bail?” ANALYSIS: 8. The allegation against the Petitioners/ Accused No.1, 2 and 7, on perusal of the record is that he was indulged in dealing with the possession of 9 Kgs of ganja. The Petitioners were arrested on 28.07.2025. They have been in judicial custody for the past 60 days.The Petitionersare permanent Nagarajapuram, Sullurpeta Town; SHAR Road, Sullurpet Town and Bhavani Residency, 11th Street, R.R.Peta, Vijayawada City respectively. They have got fixed abode. Therefore, chances of the Petitioners either threatening the witnesses or tampering the evidence or hampering the investigation may not arise. CONCLUSION: 9. Considering the nature and gravity of allegation levelled against the Petitioners, theiralleged role played in this case, and the period of detention undergone by the Petitioners, this Court is inclined to enlarge the Petitioners on bail with the following stringent conditions: i. The Petitioners/Accused No.1, 2 and 7shall be enlarged on bail subject to theirexecuting a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Sullurpet, Tirupati District. ii. The Petitioners/Accused No.1, 2 and 7 shall appear before the Station House Officer, SullurpetPolice Station, TirupatiDistrict, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioners/Accused No.1, 2 and 7 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused No.1, 2 and 7 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused No.1, 2 and 7 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 Petitioners/Accused No.1, 2 and 7 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. vii. The Petitioners/Accused No.1, 2 and 7 shall surrender theirpassports, if any, to the investigating officer. If theyclaim that they do not have passports, theyshall submit an affidavit to that effect to the Investigating Officer. 10. Accordingly, the Criminal Petitionsare allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 26.09.2025 KK