APHC010561382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10896/2025 Between: 1.PALAKA AKASH @ PODUGU AKASH,, S/O LATE APPALA SWAMY, 21 YEARS, R/O D.NO. 20-65-1, PAINDORPETA, RELLIVEEDHI, VISAKHAPATNAM, VISAKHAPATNAM CITY. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Through Station House Officer, I Town Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.BANDI PRAVEENA 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.1 on bail in Crime No.127 of 2025 of I Town Police Station, Visakhapatnam Commissionerate, registered against the 2 Petitioner/Accused No.1 herein for the offences punishable under Section 20(b)(ii)(B) read with Section 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 allegations against the Petitioner/Accused No.1 is that he was indulged in dealing with 6 Kgs of Ganja with the assistance of the other Accused. This Court in Crl.P.No.9325/2025 on 16.09.2025 and in Crl.P.No.8857 of 2025 on 04.09.2025 enlarged Accused Nos.3 & 4 on bail with stringent conditions. The Petitioner was arrested on 16.07.2025. He has been in the judicial for the past 110 days. So far five witnesses are examined. They are all official and material witnesses. Chances of the Petitioner threatening official witnesses, tampering the evidence or hampering the investigation would not arise. The Petitioner is permanent resident of Relliveedhi, Visakhapatnam. He has got fixed abode. He would not evade from the process of law, if he is enlarged on bail with certain stringent conditions. Period for custodial interrogation is also completed. Substantial portion of the investigation in relation to the alleged role played by the Petitioner is completed. 4. Learned Assistant Public Prosecutor submits that the Petitioner is a rowdy sheeter and has got five cases including one case under the provisions of ‘the NDPS Act.’ 3 5. Be that as it may, the Petitioner is presumed to be innocent till guilt is proven. The Hon’ble Apex Court in Prabhakar Tewari v. State of U.P.,1 held that mere pendency of adverse criminal antecedents is not a ground to deny the request for grant of bail. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail. 7. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.1 shall be enlarged on bail subject to he executing bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the learned Chief Judicial Magistrate, Visakhapatnam. ii. The Petitioner/Accused No.1 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. iii. The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. 1 (2020) 11 SCC 648 4 iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.1 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.1 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.1 shall 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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 04.11.2025 VTS