APHC010567672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11018 AND 11036 OF 2025 CRIMINAL PETITION NO: 11018/2025 Between: Lochali Pmdhvi Raju Alias Prabha ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. RAMINENI SUDHEER Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 11036/2025 Between: Lochali Kumaraswamy and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. RAMINENI SUDHEER Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 COMMON ORDER: The Criminal Petition Nos.11018 and 11036 of 2025 have 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.3 in Crl.P.No.11018 of 2025 and petitioners/accused Nos.4 and 5 in Crl.P.No.11036 of 2025 on bail in Crime No.121 of 2025 of Maharanipeta Police Station, Visakhapatnam District was registered against the Petitioners herein for the offences punishable under Section 20 (b) (ii) (C) read with Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act'). 2. These two Criminal Petition Nos.11018 and 11036 of 2025 are heard and disposed of by way of this common order, as the petitioners in these two petitions are accused in the same crime. 3. Heard the learned Counsels for the Petitioners and the learned Assistant Public Prosecutor. 4. This Court, on 29.10.2025 in Crl.P.No.10675 of 2025, granted bail to accused No.1. The learned Assistant Public Prosecutor submits that there is one criminal adverse antecedent against the accused No.5 under the provisions of ‘the NDPS Act’; there are six criminal adverse antecedents under the provisions of ‘the NDPS Act’ and one case under the provisions of IPC against accused No.3. There are no criminal adverse antecedents against accused No.4. Be that as it may, the Accused Nos.3 and 5 are presumed to be 3 innocents until the guilt is proved. In Prabhakar Tiwari v. State of U.P. and 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. So far 11 witnesses are examined. They are all material and official witnesses. Therefore, the possibility of the petitioners threatening the official witnesses, tampering with evidence, or hampering the investigation does not arise. The petitioners are permanent residents of Gomangi Village, Pedabayalu Post, Alluri Sita Rama Raju District. They have got fixed abode. The petitioners arrested on 28.09.2025. They have been in judicial custody for the past 36 days. The seized contraband is not a commercial quantity. 5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.3 in Crl.P.No.11018 of 2025 and the petitioners/accused Nos.4 and 5 in Crl.P.No.11036 of 2025, this Court is inclined to enlarge the Petitioner/Accused No.3 in Crl.P.No.11018 of 2025 and the petitioners/accused Nos.4 and 5 in Crl.P.No.11036 of 2025 on bail. 6. In the result, the Criminal Petition Nos.11018 and 11036 of 2025 are allowed with the following stringent conditions: i. The Petitioner/Accused No.3 in Crl.P.No.11018 of 2025 and the petitioners/accused Nos.4 and 5 in Crl.P.No.11036 of 2025 shall be enlarged on bail subject to they executing a bond 1 2020 (11) SCC 648 4 for a sum of Rs.20,000/- (Rupees twenty thousand only), with two sureties each for the like sum each to the satisfaction of the learned IV Additional Chief Judicial Magistrate, Visakhapatnam. ii. The Petitioner/Accused No.3 in Crl.P.No.11018 of 2025 and the petitioners/accused Nos.4 and 5 in Crl.P.No.11036 of 2025 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.3 in Crl.P.No.11018 of 2025 and the petitioners/accused Nos.4 and 5 in Crl.P.No.11036 of 2025 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.3 in Crl.P.No.11018 of 2025 and the petitioners/accused Nos.4 and 5 in Crl.P.No.11036 of 2025 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.3 in Crl.P.No.11018 of 2025 and the petitioners/accused Nos.4 and 5 in Crl.P.No.11036 of 2025 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The Petitioner/Accused No.3 in Crl.P.No.11018 of 2025 and the petitioners/accused Nos.4 and 5 in Crl.P.No.11036 of 2025 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. 5 vii. The Petitioner/Accused No.3 in Crl.P.No.11018 of 2025 and the petitioners/accused Nos.4 and 5 in Crl.P.No.11036 of 2025 shall surrender his passport, if any, to the investigating officer. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. df ________________________ Dr.Y. LAKSHMANA RAO, J. Date:03.11.2025, S D P 6 HONOURABLE Dr.JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION NOs: 11018 and 11036 of 2025 DATE: 03.11.2025 S D P