si IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVk^fi- MONDAY, THE FIRST DAY OF DECEMBER, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12187 OF 2025 iO 'I ,>*• 0 ■*> Between: 1. Yerrabilli Bhadra Raju, S/o Late Thayabbai, Age 63 years, R/o D.No.9-4-334, Jogavani Palem High School Road, Gajuwaka, Visakhapatnam 2. Gade Gopi, S/o Late Ramana, Age 30 years, R/o Near Anna Canteen, Autonagar, Gajuwaka Visakhapatnam ...Petitioner/Accused Nos.1 & 3 AND The State of Andhra Pradesh, through Station House Officer, Gajuwaka P.S., Visakhapatnam, Rep. by Public Prosecutor, High Court of AP at Amaravati. ...Respondent Petition under Section 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of criminal petition, the High Court may be pleased to release the Petitioner/Accused Nos.1 and 3 on bail in connection with Crime No.494 of 2025 of Gajuwaka P.S, Visakhapatnam: The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Ramineni Sudheer, Advocate for the Petitioners and Public Prosecutor for the Respondent, the Court made the following; 2 Dr. YLK, Crl.RNo.12187 of 202b Dated 01.12.2025 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 Petitioners/Accused Nos.1 & 3 oh bail in Crime No.494 of 2025 of Gajuwaka Police Station, Visakhapatnam Commissionerate, registered against the Petitioners/Accused Nos.1 & 3 herein for the offences punishable under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Heard the learned counsel for the Petitioners and the learned Assistant 2. Public Prosecutor. Perused the record. As seen from the record, the allegations against the Petitioners /Accused Nos.1 & 3 are that they were arrested on the spot while they were in possession and transportation of 3.00 kgs of ganja. The seized contraband is below commercial quantity. So far, five witnesses have been examined. They are all material and official witnesses. The scope of threatening the witnesses, tampering the evidence, or hampering the investigation may not arise. Petitioner No. 1/Accused No.1 is aged about 63 years. There are five adverse criminal antecedents registered against Petitioner No.1/Accused No.1 under the provisions of ‘the A.P. Excise Act’. Be that as it may, the Petitioner No.1/Accused No.1 is presumed to be innocent until the guilt is proved. The Hon’ble Apex Court in Prabhakar 3. 4. 3 Dr.YLR.J Cn.RNo.12187of2025 Dated 01.12.2025 Tewari v. State of Uttar Pradesh ^, at paraNo.7, observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail. There are no adverse antecedents reported against Petitioner No.2/Accused No.3. The petitioners are permanent residents of Gajuwaka Visakhapatnam. They have got fixed abode. Considering the facts and circumstances of the case, the nature and 5. gravity of allegations levelled against the Petitioners/Accused Nos.1 & 3, this Court is inclined to enlarge the Petitioners/Accused Nos.1 & 3 on bail. 6. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.1 & 3 shall be enlarged on bail subject to them executing bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned III Additional Chief Judicial Magistrate Gajuwaka. ii. The Petitioners/Accused Nos.1 & 3 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioners/Accused Nos.1 & 3 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. (2020) 11 see 648 4 Dr. Yl. Crl.PNo.12187of202^ Dated 01.12.2025 iv. The Petitioners/Accused Nos.1 & 3 shall not commit indulge in commission of any offence in future. V. The Petitioners/Accused Nos.1 & 3 shall cooperate with the Investigating Officer in further investigation of the and shall make themselves available for interrogation by the Investigating Officer as and when required. Vi. The Petitioners/Accused Nos.1 & 3 shall not, directly 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 case or 7 SD/- G.HELANAIDU DEPUTY REGISTRAR //TRUE COPY// t For SECTION OFFICER To, 1. The III Additional Judicial Magistrate at Gajuwaka, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Gajuwaka Police Station, Visakhapatnam 4. One CC to Sri. Ramineni Sudheer, Advocate [OPUC] 5. Two CCs to Public Prosecutor, High Court of AP [OUT] 6. One spare copy HIGH COURT Dr.YLR,J DATED:01/12/2025 ORDER CRLP.No.12187 of 2025 ALLOWED