f [3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE :PkESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10754 OF 2025 D MM ■*, nj SI a •''t ■ Between: 1. Potti Heamanth Kumar @ Hemanth, S/o. Krishna, aged about 22 years Door No. 31-23-59, Venkatewara Metta, Allipuram, Visakhapatnam City. 2. Bommidi Praveen Kumar @ Praveen, S/o. Satti Raju, aged about 23 Years, Door No. 31-4-24, Near Kothammavarai Temple, Allipuram Visakhapatnam City f 1 Petitioner/AccusedS & A4 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati. Respondent/Complainant Petition under Section 480 & 483 of BNSS is filed 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 on bail in Cr. No. 23 of 2025, of Dumbriguda Police Station, Alluri Seetha Rama Raju District(formally known as Visakhapatnam) under section 20(b)(ii)(B) r/w 8c of NDPS Act 1985 dated 29-08-2025. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri KAKUMANU JOJI AMRUTHA RAJU Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. > 1 APHC010554712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSANb AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10754/2025 Between: Potti Heamanth Kumar Alias Hemanth and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. KAKUMANU JOJI AMRUTHA RAJU 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 Petitioners/Accused Nos.3 and 4 on bail in Crime No.23 of 2025 of Dumbriguda Police Station, Alluri Seetha Rama Raju District, was registered against the Petitioners/Accused Nos.3 and 4 herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic The BNSS 2 Drugs and Psychotropic Substances Act, 1985 ^ on the allegation of petitioner/Accused was allegedly indulged in dealing with 4 Kgs of ganja. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the reccjrd. I 2. 3. The allegations against the petitioners are that they allegedly found i possession of 4 Kgs of ganja. It is a commercial quantity. The petitioners arrested on 28.08.2025. They have been in the judicial custody for the past 50 days. So far five witnesses are examined. All the witnesses are official witness. Material portion of the investigation insofar as the alleged roles played by the petitioners are completed. The learned Assistant Public Prosecutor submits that he has been involved in ten antecedents they are all pertaining to IPC offences. Mere pendency of the adverse antecedents is not a ground to deny the request for grant of bail inasmuch the petitioners in all those cases presumed to be innocent until the guilt is proved. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh^ at para No.7 observed that criminal similar adverse antecedents cannot be basis for refusal of bail. The petitioners are permanent resident of Allipuram Visakhapatnam City. They have got fixed abode. Therefore, the possibility of the petitioners tampering with evidence, threatening witnesses, or hampering the investigationdoes not arise. in were ^ The NDPS Act ^ (2020) 11 see 648 3 4. Considering the facts and circumstances of the case, the nature and gravity of the allegations leveled against the Petitioners/Accus ed Nos.3 and 4 this Court is inclined to enlarge the petitioner/Accused on bail. 5. In the result, the Criminal Petftion is allowed with the following stringent conditions; The Petitioners/Accused Nos.3 and 4 shall be enlarged on bail subject to them executing a personal 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 Judicial Magistrate of I Class,Arukuvalley. ii. The Petitioners/Accused Nos.3 and 4 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 cognizance is taken by the learned the Trial Court, iii. The Petitioners/Accused Nos.3 and 4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned, iv. The Petitioners/Accused Nos.3 and 4 shall not commit or indulge in commission of any offence in future. V. The Petitioners/Accused Nos.3 and 4 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, vi. The Petitioners/Accused Nos.3 and 4 shall surrender their passport, if any, to the investigating officer. If they claim that they do not have a passport, they shall submit affidavits to that effect to the Investigating Officer. I. pm SD/- K.SRINIVASA RAJU ASSISTANJjRI^IS SECTION OFFICER TRAR //TRUE COPY// To, 1. The Judicial First Class Magistrate, Arakuvally. 2. The Superintendent. Central Prisqn, Visakhapatnam. 3. The Station House Officer, Dumbriguda Police Station Rama Raju District(formally known as Visakhapatnam) 4. One CC to SRI. KAKUMANU JOJI AMRUTHA RAJU Advocate [OPUC] ^ (AP) High Court of A.P.,Amaravati 6. One spare copy , Alluri Seetha HIGH COURT DR.YLR,J DATED: 17/10/2025 BAIL ORDER CRLP.No.10754 of 2025 ALLOWED //o -P' S 17 OCT 2B5 §ij •k