* [ 3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Of WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER .i TWO THOUSAND AND TWENTY FIVE rt iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO .u-f- CRIMINAL PETITION NO: 10576 OF 2025 Between: Thadi Lakshmi, W/o. Late Naidu, aged about 49 years, R/o. Bennabhupalapatnam Village, M.K. Patnam Panchayat, Rolugunta Mandal, Anakapalli District, A.P. Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 437 & 439 of Cr.P.C/ 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to enlarge the Petitioner/Accused No.2 on bail pending disposal of Crime No.08/2025 of G. Madugula P.S., Alluri Sitharama Raju District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. GOLLAPALLI MAHESWARA RAO, Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following ORDER: APHC010543702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE NINETEENTHDAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10576/2025 Between: Thadi Lakshmi ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.GOLLAPALLI MAHESWARA RAO 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 ^ , seeking to enlarge the Petitioner/Accused No.2 on bail in Crime No.08 of 2025 of G. Madugula Police Station, Alluri Sitharama Raju District, registered against the Petitioner/Accused No.2 herein for the offence punishable under Sections 8(c) the BNSS , 2 read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act 1985^. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent/State. 3. As seen from the record, the allegation against the petitioner/Accused No.2 is that she is the kingpin and that she engaged Accused No.1 for procuring and transporting 30 Kgs of ganja. Undoubtedly, the seized contraband is not only a commercial quantity but also a colossal quantity. The alleged role of the petitioner has come to light solely on the basis of the confession of Accused No.1. Except for the said confession, no other relevant or admissible material has been secured by the Investigating Officer against the petitioner, even after conducting a thorough investigation and filing the charge sheet. 4. Though the learned Assistant Public Prosecutor submits that there three similar criminal adverse antecedents reported against the petitioner, till the guilt is proved, the petitioner is presumed to be innocent, which is the cardinal principle of criminal jurisprudence. The Hon’ble Apex Court, in Prabhakar Tewari v. State of Uttar Pradesh, at para No.7, observed that similar criminal adverse antecedents cannot be the sole basis for refusal of bail. The petitioner is a permanent resident of Bennabhupalapatnam Village, Rolugunta Mandal, Anakapalli District. Accused No.1 has already been enlarged on bail by a learned Single Judge of this Court vide order dated are ^ The NDPS Act 3 04.07.2025 in Crl.P.No.6482 of 2025. The petitioner was arrested on 02.09.2025 and has been in judicial custody for the past 78 days. She has fixed abode. If the petitioner is enlarged on bail, she is unlikely to evade the due process of law. No application has been filed seeking custodial interrogation of the petitioner, and the period for custodial interrogation has also elapsed. Except for heavily relying on the confession of Accused No.1, the Investigating Officer has not collected any valid or independent material to incriminate the petitioner. 5. 6. Considering the facts and circumstances of the case, the nature and gravity of allegation levelled against the Petitioner, her alleged role played in this case, and the period of detention undergone by the petitioner, this Court is inclined to enlarge the Petitioner on bail with the following stringent conditions: i. The Petitioner/Accused No.2 shall be enlarged on bail subject to her executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only), with two sureties each for the like sum each to the satisfaction of the Judicial Magistrate of First Class, Paderu. The Petitioner/Accused No.2 shall appear before the Station Flouse Officer, G. Madugula Police Station, Alluri Sitharama Raju District, 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.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. The Petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall II. iv. V. , 4 make herself available for interrogation by the investigating officer as and when required, vi. The Petitioner/Accused No.2 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.2 shall surrender her passport, if any, to the investigating officer. If she claims that she does not have a passport, she shall submit an affidavit to that effect to the Investigating Officer. 7. Accordingly, the Criminal Petition is allowed. SD/- G.HELANAIDU DEPUTY|RE^TRAR SECTION OFFICER //TRUE COPY// To, 1. The I Additional District & Sessions Judge-Spl. Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District. 2. The Judicial Magistrate of First Class, Paderu, Alluri Sitharama Raju District. 3. The Station House Officer, G. Madugula P.S., Alluri Sitharama Raju District. 4. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District. 5. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 6. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 7. One spare copy JSS “'N HIGH COURT DR.YLR, J DATED:19/11/2025 BAIL ORDER CRLP.No.10576 of 2025 ALLOWED