APHC010542252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10611/2025 Between: 1. MADA NAGARJUNA, S/O. SIMHACHALAM, AGED ABOUT 28 YEARS, R/O. THAMARAM VILLAGE, MEKAVARIPALEM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. T D PANI KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.10611 of 2025 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’) and Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’), seeking to enlarge the Petitioner/Accused on bail in Crime No.14 of 2019 of Chillakallu Police Station, Krishna District, was registered against the Petitioner/Accused herein for the offences punishable under Section 20(b)(ii)(C), read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The allegation against the petitioner/Accused is that he was indulged in dealing with 105 Kilograms of Ganja in the year 2019. The case in that regard was registered as FIR No.14 of 2019 of Chillakallu Police Station, Krishna District. Though the Accused was confessed with on 14.01.2019, the petitioner was also there in the vehicle wherein 105 Kilograms of Ganja was kept in 50 packets and was transporting. After seizing the Police, the petitioner left the nearby fields. Ever since, he has been absconding. The petitioner/Accused was arrested on 20.07.2025. He has been in the judicial custody for the past 90 days. Of course the name of the petitioner/Accused is not mentioned in the FIR. The quantity is commercial in nature. However, 3 Dr. YLR, J Crl.P.No.10611 of 2025 after thorough investigation and pursuant to the arrest of the petitioner/Accused, charge sheet was filed on 31.07.2025. 4. Learned Assistant Public Prosecutor submits that there are four theft cases registered against the petitioner/Accused. There are no criminal antecedents registered for the alleged offences punishable under ‘the NDPS Act’. Be that as it may. Mere pendency of the criminal antecedents is not the basis of the denial request for grant of bail. The Apex Court in Prabhakar Tiwari v. State of U.P. and others1 held that criminal antecedents should not be taken into consideration while considering the application for grant of bail. Except the confession of the other accused, there are no substantial incriminating materials available against the petitioner. It takes considerable length of time for the learned trial Court to take up the matter for trial. Till such time, keeping the petitioner in judicial custody would not survive any purpose. The petitioner is a permanent resident of Anakapalli District, he has got fixed abode. The petitioner may not evade the process of law, if he was enlarged on bail. 5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused, this Court is inclined to enlarge the Petitioner/Accused on bail. 12020 (11) SCC 648 4 Dr. YLR, J Crl.P.No.10611 of 2025 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Jaggaiahpeta. ii. The Petitioner/Accused 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. iii. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused 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. 5 Dr. YLR, J Crl.P.No.10611 of 2025 vi. The Petitioner/Accused 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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 23.10.2025 MSI 6 Dr. YLR, J Crl.P.No.10611 of 2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10611/2025 Date: 23.10.2025 MSI