IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE SIXTEENTH DAY OF OCTOBER » -o TWO THOUSAND AND TWENTY FIVE ! : PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10424 OF 2025 1? .A- Between: Madhavarapu Suresh Babu, S/o Srinu, aged 28 years, r/o Indrapalem village Nerellamtna Colony, Kakinada District Petitioner/Accused No.4 AND The State of Andhra Pradesh, through the Station House Officer, Koyyuru Police Station, ASR District, Represented by Public Prosecutor, High Court of Andhra Pradesh Respondent Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant him bail on such terms and conditions as deemed fit directing his enlargement in Crime No. 14 of 2025 of Koyyuru PS, Anakapalli District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri DUGGIRALA SUBASH, Advocate for the Petitioner and of PUBLIC PROSECUTOR for Respondent, the Court made the following ORDER 1 1 APHC010536332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] 0^? 1 THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10424/2025 Between: Madhavarapu Suresh Babu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.DUGGIRALA SUBASH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT 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.4 on bail in Crime No. 14 of 2025 of Koyyuru Police Station, Alluri Sitharama Raju District, was registered against the Petitioner/Accused No.4 herein for the offences punishable under Section 111(2) (b) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) , 2 and under Section 20(b)(ii)(C) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Heard the learned counsel for the! petitioner and the learned Assistant Public Prosecutor. Perused the record.' 2. The petitioner was arrested on 17.04.2025. He has been in judicial custody for the past 181 days. The statutory period of 180 days is completed. The role of the petitoner has come into light based on the confession of accused Nos.1, 5 and 8. As per the proseuction, based on the confession of 3. accused Nos.1, 5 and 8 the petitioner is arrayed as accused in this crime. The learned Assistant Public Prosecutor submis that the petitioner has got four similar adverse antecedent vide Crime Nos.81 of 2022, 122 of 2023, 2 of 2024 and 147 of 2024. Be that as it may, the petitioner/Accused 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. Thus the substantial portion of the investigation in so far the involvement of the petitioner is concerned is completed. The learned Assistant Public Prosecution submits that no petition for extension of the remand of the petitioner was filed. The petitioner is permanent resident of Indrapalem Village, Kakinada District. He has got fixed abode. So far, five witnesses are examined. All the examined witnesses are official witnesses. ^ 2020(11)see 648 3 Therefore, the possibility of the petitioner threatening the witnesses hampering the investigation, or tampering with evidence does not arise. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.4, this Court is inclined to enlarge the Petitioner/Accused No.4 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: The petitioner/Accused No.4 shall be enlarged on bail subject to he executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Chinthapalli. I. ii. The petitioner/Accused No.4 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.4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. The petitioner/Accused No.4 shall not commit or indulge in commission of any offence in future. IV. The petitioner/Accused No.4 shall cooperate with the investigating officer in further investigation of the case and shall V. 4 make himself available for interrogation by the investigating officer as and when required. Vi. The petitioner/Accused No.^; shall not, directly or indirectly, make any inducement, thrdat br promise to any 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. person vii. The petitioner/Accused No.4 shall surrender his passport, if any, to the investigating officer. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. SD/-U.SRI DEVI DEPU-nj^REOfSTRAR SECTION OFFICER //TRUE COPY// To, 1. The I Addl. Sessions Judge at Visakhapatnam. 2. The Superintendent, Central prison at Visakhapatnam. 3. The Station House Officer, Koyyuru Police Station, ASR District. 4. One CO to SRI. DUGGIRALA SUBASH Advocate [OPUC] 5. Two CCs to the PUBLIC PROSECUTOR, High Court of A.P [OPUC] 6. One spare copy psk \ f HIGH COURT i DR.YLR,J 7 DATED: 16/10/2025 BAIL ORDER / CRLP.No.10424 of 2025 ALLOWED