APHC010506432025 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 NO: 9960 OF 2025 Between: 1. BONIGE JOHN SAMUEL, S/O KISHORE BABU, AGED 22 YEARS, OCC UNEMPLOYED, R/O D.NO.49-58-7/1/7, VISALAKSHINAGAR,AKKAYAPALEMMANDAL, VISAKHAPATNAM. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor, High Court of A.P., Amaravati Rep. by S.H.O. Mangalagiri Rural Police Station, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. D KRISHNA MURTHY Counsel for the Respondent/complainant: 1. 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.1on bail in Crime No. 266 of 2025 of Mangalagiri Rural Police Station, GunturDistrict, registered against the Petitioner/Accused No.1herein for the offence punishable under Sections 8(c)read with 20(b)(ii)(A)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 21.06.2025 the Petitioner went to Bangalore and from there he went to Udipi and met Accused No.2 and purchased 3 packets of Hydro ganja and MDMA for Rs. 50,000/-. On 22.06.2025 when the bus reached Kaza Toll Plaza from Bellandur to Akkayyapalem in Seat No.F.6, the police checked, where the Petitioner was allegedly found in possession of 41.5 gms Hydro ganja and MDMA packets, the same was seized by the Police along with mobile and registered the case and arrested him. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri D. Krishna Murthy, learned Counsel for the Petitioner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence, and that there is no prima facie material or cogent evidence connecting the Petitioner to the commission of the crime. It is further contended that the Petitioner is the sole earning member of his family and that his incarceration would result in grave hardship and irreparable prejudice to his dependents. The Petitioner undertakes 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 Petitioner is a permanent resident of Visalakshi Nagar, Akkayapalem Mandal, Visakhapatnamand there exists no apprehension of his absconding or evading the due process of law. The Petitioner has 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 Petitioner 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 Petitioner.The prosecution further raises an apprehension that, if released, the Petitioner 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 Petitioner 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 Petitioner is not entitled to the indulgence of discretionary relief and it is urged to dismiss the present Criminal Petition. 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 Petitioner is entitled for grant of bail?” ANALYSIS: 8. The allegation against the Petitioner/ Accused No.1, on perusal of the record is that he was indulged in of the possession of Hydro ganja and MDMA packets, weighing 41.5 grams. The Petitioner was arrested on 23.06.2025. He has been in judicial custody for the past 94 days. Learned counsel for the Assistant Public Prosecutor would submit that there are no similar criminal antecedents was reported against him. The Petitioner No.1 is a permanent resident of Visalakshi Nagar, Akkayapalem Mandal, Visakhapatnam. He has got fixed abode. Therefore, chances of the Petitioner 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 Petitioner, his alleged role played in this case, and the period of detention undergone by the Petitioner, this Court is inclined to enlarge the Petitioner on bail with the following stringent conditions: i. The Petitioner/Accused No.1shall be enlarged on bail subject to his executing 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 Additional Magistrate of First Class-cum- Civil Judge (Junior Civil Division) Court, Mangalagiri. ii. The Petitioner/Accused No.1shall appear before the Station House Officer, Mangalagiri RuralPolice Station, GunturDistrict, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioner/Accused No.1shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.1shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.1shall 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 Petitioner/Accused No.1shall 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 Petitioner/Accused No.1shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 10. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 26.09.2025 KK