V IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE :PRE^ENT: THE HONOURABLE DR-JUSTICE Y. LAKSHMANA RAO >« \ 5-; \ ■r^l s>: CRIMINAL PETITION NO: 7383 OF 2025 Between: Kuncha Yesu Kranthi, S/o Veeraju Age 25 years, R/o Pennaripalem Narsipatnam, Anakapaili District 1 ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Through Station House officer, Rolugunta Station, Visakhapatnam Rep. by Public Prosecutor, High Court at Amaravati. ...Respondent Petition under Sections 480 & 483 of BNSS, 2023 (under sections 437 bnd 439 of Cr.P.C., 1973), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No.1 on bail in connection with Crime No. 45 of 2025 of Rolugunta Police Station, Visakhapatnam. Counsel for the Petitioner : Sri Ramineni Sudheer Counsel for the Respondent : Assistant Public Prosecutor The Court made the following 2 V Dr. YLR, J Crl.P.No.7383 of2025 Dated 30.10.2025 The Court made the following: ORDER: ( The Criminal Petition has been filed under Sections 437 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accu sed on bail in Crime.No.45 of 2025 of Rolugunta Police Station, Anakapalli District, registered against the petitioner/Accused No.1 and 439 2023 No.1 herein for the offences punishable under Sections 20(b)(ii)(C), 25 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 Assistant Public Prosecutor. Perused the record. learned 3. As seen from the record. the allegation against the petitioner/Accused No.1 is that he was allegedly indulged in dealing with 80.00 Kgs of ganja, which is a commercial quantity. The petitioner was arrested on 03.06.2025. He has been in judicial custody for the past 157 days. The petitioner is a permanent resident of Pennaripalem, Narsipatnam, Anakapalli District. He has got fixed abode. The learned fi- 3 Dr. YLR, J CrI.P.N0.7383 of 2025 Dated 30.10.2025 % counsel for the petitioner submits that the petitioner has studied B.Sc in Andhra University. His examination schedule has been issued commencing the examinations from 25.11.2025 onwards. The allegation against the petitioner is that he acted as driver of the vehicle in which the seized contraband was transported. He was spot arrested. So far, six witnesses have been examined. However, the learned Assistant Public Prosecutor submits that there is one adverse antecedent reported against the petitioner/Accused No.1. Be that as it may, the petitioner/Accused No.1 is presumed to be innocent until proven guilty. In Prabhakar Tiwari v. State of U.P. and others\ the Hon'ble Apex Court has categorically held that criminal antecedents should not be taken into consideration while considering the application for grant of bail. 4. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused No.1, and in view of the commencement of the examination schedule for 5. the petitioner/accused No.1, this Court is inclined to enlarge the petitioner/Accused No.1 on bail with the following stringent conditions: ^2020 (11) see 648 4 Dr. YLR, J Crl.P.No.7383of2025 ^ Dated 30.10.2025 i. The petitioner/Accused No.1 shall be enlarged bail subject to he executihg a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam. on 1 ii. The petitioner/Accused No.1 shall appear before the Investigating Officer concerned on every Sunday in between 10.00 am and 05:00 pm, till filing of the charge sheet. iii. The petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Invesgating Officer concerned, iv. The petitioner/Accused No.1 shall not indulge in commission of any offence in future. V. The petitioner/Accused No.1 shall not, directly indirectly, make any inducement, threat any person acquainted with the facts of the to dissuade him/her from disclosing such facts to the Court. commit or or or promise to case so as 5 Dr. YLR, J Crl.P.No.7383 of2025 Dated 30.10.2025 6. In the result, the Criminal Petition is allowed. SD/-K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The I Additional District and Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Additional Judicial First Class 3. The Superintendent, Central Prison, 4. The Station House officer, Rolugunta Station 5. One CC to Sri Ramineni Sudheer 6. Two CCs Public Prosecutor Magistrate, Narsipatnam. Visakhapatnam. Anakapalli District. Advocate [OPUC] A.P. High Court, Amaravati [OUT] 7. One spare copy cvss f HIGH COURT i f Dr.YLR.J DATED:30/10/2025 bail order CRLP.No.7383 of 2025 ALLOWED I t