1 APHC010612082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11786/2025 Between: Kona Appala Raju ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. ARRABOLU SAI NAVEEN Counsel for the Respondent/complainant(S): 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.7 on bail in Crime No.6 of 2025 of Anakapalli Town Police Station, registered against the Petitioner/Accused No.7 herein for the offences punishable under Section 8(c) read with Section 2 20(b)(ii)(B) 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 No.7 is that with the aid of other accused he had indulged in dealing with 3 kgs of ganja. The seized contraband is not commercial quantity. So far, eight witnesses have been examined, all of them are material and official witnesses. Therefore, the possibility of the petitioner threatening the official witnesses, tampering with evidence, or hampering the investigation may not arise. Substantial portion of the investigation in so far the involvement of the petitioner concerned is completed. The petitioner is permanent resident of Gollapalem Village, Anakapalli District. He has got fixed abode. If certain conditions are imposed, there is no likelihood of his absconding or evading the process of law. The petitioner was arrested on 06.10.2025. He has been in judicial custody for the past 45 days. No application has been filed seeking for custodial interrogation of the petitioner. The learned Assistant Public Prosecutor submits that the petitioner has got two similar adverse antecedents reported vide Crime No.116 of 2023 and Crime No.74 of 2024 under the provisions of ‘the NDPS Act’. Be that as it may, the petitioner/Accused No.7 is presumed to be innocent until the guilt is proved. In Prabhakar Tiwari v. State of U.P. and 3 others 1 , the Hon’ble Apex Court has categorically held that criminal antecedents should not be taken into consideration while considering an application for grant of bail. The alleged contraband seized in the instant case is not a commercial quantity. The learned Single Judge of this Court in Crl.P.No.5620 of 2025 on 05.06.2025 enlarged accused No.8 on bail. The accused Nos.1, 3, 4, 5 and 6 have already been enlarged on bail. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.7, this Court is inclined to enlarge the Petitioner/Accused No.7 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The petitioner/Accused No.7 shall be enlarged on bail subject to he executing bond for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties for the like sum each to the satisfaction of the learned Additional Junior Civil Judge-cum XI Additional Metropolitan Magistrate, Anakapalli. ii. The petitioner/Accused No.7 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. 1 2020 (11) SCC 648 4 iii. The petitioner/Accused No.7 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.7 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.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 petitioner/Accused No.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 petitioner/Accused No.7 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 21.11.2025 S D P 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11786 OF 2025 21.11.2025 S D P