[3521] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11105 OF 2025 Between: Pentakota Sankara Rao, S/o late Paidithalli, Aged 66 years,R/o D.no. 1-73- 1, Ramalayam Street,0pp. to Vinayaka Temple, Salipeta,Kurpam Market, Visakhapatnam City. Petltioner/Accused-2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of Judicature of Andhra Pradeshat Amaravati. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No. 2 on bail in Crime, no. 195 of 2025, On the file of the Nekarekal Police Station, Palnadu COUNSEL FOR THE PETITIONER : SRI. ADAPA SUDHAKAR RAO COUNSEL FOR THE RESPONDENT ; PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER 1 APHC010572342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11105/2025 Between: Pentakota Sankara Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. ADAPA SUDHAKAR 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 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.2 on bail in Crime No. 195 of 2025 of Nekarekal Police Station, Palnadu District, registered against the Petitioner/Accused No.2 herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The petitioner was alleged to have indulged in possession of 10 kgs of ganja. It is not a commercial quantity. The petitioner was arrested on 03.10.2025. He has been in judicial custody for the past 34 days. The petitioner is aged about 66 years. He is permanent resident of Visakhapatnam City. He has got fixed abode. The learned Assistant Public Prosecutor submits that the petitioner is involved in an offence punishable under ‘the NDPS Act’ vide Crime No. 115 of 2024. He is also involved in another offence under the provisions of ‘the I PC’. Be that as it may, the petitioner/Accu sed No.2 is presumed to be innocent until the guilt is proved. 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 an application for grant of bail. So far, ten witnesses have been examined, all of whom are material and official witnesses. Therefore, the possibility of the petitioner threatening the official witnesses, tampering with evidence, or hampering the investigation does not arise. If conditions are imposed, there is no likelihood of his absconding or evading the process of law. ^ 2020 (11) see 648 3 Considering the facts and circumstances of the case,the nature and gravity of allegations levelled against the Petitioner/Accused No.2,this Court is inclined to enlarge the Petitioner/Accused No.2 on bail. 4. In the result, the Criminal Petition is allowed with the following stringent 5. conditions: The petitioner/Accused No.2 shall be enlarged on bail subject to he executing bond for a sum of Rs. 10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned II Additional Civil Judge (Junior Division), Narasaraopet. The petitioner/Accused No.2 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. I. X X \ II. \ 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 make himself available for interrogation by the investigating officer as and when required. The petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any person IV. A \ V. VI. 4 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 his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an Investigating Officer. affidavit to that effect to the SD/-A.VIJAYA BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER f To, 1. The II Addl. Civil Judge (Junior Division), Narasaropet House officer. Nekarekal Police Station, Palnadu / 2. The Station 3. The Superintendent, Sub Jail, Narasaropet SRI. ADAPA SUDHAKAR RAO Advocate [OPUC] / 4. OneGCto 5. TwoCCsto 6. One spare copy PUBLIC PROSECUTOR, High Court of A.PfOUT] Note: "The Superintendent, Central Prison, Vizag" in the addresse portion is 'The Superintendent, Sub Jail, Narasaraopet" as per court order dated . Substitute this amended order in place of earlier amended as' 11/11/2025 in I.A.No.l of 2025 order which was dispatched on 07/11/2025. SD/-A.VIJAYA BABU ASSISTANT REGISTRAR HIGH COURT DR.YLR,J DATED:07/11/2025 (11/11/2025) BAIL ORDER (AMENDED) CRLP.No.11105 of 2025 ALLOWED