APHC010557882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10859/2025 Between: 1. CHALLA NAGA SIVA MANIKANTA ALIAS CHIP NANI, S/O.GOVINDU (LATE), AGE 23 YEARS,D.NO.68-7-5/3, NEAR GOKULAM, ASHOK NAGAR, KAKINADA URBAN MANDAL, NOW AT DOOR NO.68-8- 15/1, NEAR AMMA WATER PLANT, KALUVAGATTU, MADHURANGAR, KAKINADA URBAN MANDAL KAKINADA DIST. 2. YENUGUPALLI RAJU ALIAS ABHAY ALIAS ABBAI,, S/O.SRINIVAS, AGE 27 YEARS, R/O.SC PETA, GAIGOLUPADU VILLAGE, KARAPA MANDAL. KAKINADA RURAL MANDAL, KAKINADA DIST. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor, High Court, Amaravathi. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court Pleased to Enlarge the Petitioners/A1 & A3 on bail pending investigation and trial arising out of Crime No. 273 of 2025 of Sarpavaram Police Station, Kakinada Dist, dated 27.06.2025 and pass Counsel for the Petitioner/accused(S): 1. ANGADA SATYA RAGHAVENDRA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Learned counsel for the petitioners seeks permission of this Court to withdraw the present Criminal Petition for petitioner No.1/Accused No.1. Permission is accorded. This Criminal Petition is dismissed against petitioner No.1/Accused No.1. 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 petitioners/Accused No. 3 on bail in Crime.No.273 of 2025 of Sarpavaram Police Station, Kakinada District, registered against the petitioner No.2/Accused No.3 herein for the offences punishable under Section 8(c) read with 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the allegation against the petitioner/Accused Nos.3 is that he was indulged in dealing with 7KGs of Ganja. It is not a commercial quantity. In fact, based on the confession of accused No.2 rendered on accused Nos.1 & 3, he came into light and was found in possession of 7Kgs of Ganja. The petitioner/accused No.3 was arrested on 27.06.2025 and had been in judicial custody for the past 120 days. The learned Assistant Public Prosecutor submits that there are no similar criminal antecedents against the petitioners registered for the offence under the provisions of the NDPS Act. The petitioner No.2/Accused No.3 is a permanent resident of SC Peta, Gaigolupadu Village, Karapa Mandal, Kakinada Rural Mandal, Kakinada District. He has got fixed abode, and if he was enlarged on bail, he may not flee away from the clutches of law. So far, six witnesses have been examined, all of whom are official witnesses and the chances of the petitioner threatening the witnesses, hampering the investigation, or tampering with the evidence would not arise. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner No.2/Accused No.3, this Court is inclined to enlarge the Petitioner No.2/Accused No.3, on bail with the following stringent conditions: i. The Petitioner No.2/Accused No.3 shall be enlarged on bail subject to them executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the learned Special Mobile Additional Judicial First Class Magistrate, Kakinada. ii. ii. The Petitioner No.2/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. iii. The Petitioner No.2/Accused No.3 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner No.2/Accused No.3 shall not commit or indulge in commission of any offence in future. v. The Petitioner No.2/Accused No.3 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. vi. The Petitioner No.2/Accused No.3 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. 5. In the result, the Criminal Petition is allowed in part. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24th October, 2025 RKS