1 APHC010535952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10445/2025 Between: Charana Chari Alias Chintu and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 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 Petitioners/Accused Nos.2 & 3 on bail in Crime No.112 of 2025 of S.Kota Police Station, Vizianagaram, was registered against the Petitioners/Accused Nos.2 and 3 herein for the offences punishable under Section 8(b) 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 petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. The petitioners/Accused Nos.2 and 3 were found in possession of 10.940 grams of ganja and were arrested on the spot on 02.09.2025. The seized contraband does not constitute a commercial quantity. They have been in judicial custody for the past 44 days. So far, four witnesses have been examined. Thus, the substantial portion of the investigation, insofar as the involvement of the petitioners is concerned, is completed. The petitioners are permanent residents of Tirumalasetti Halli Village, Bangalore Rural, State of Karnataka. They have got fixed abode. The period of custodial interrogation is over. All the examined witnesses are official witnesses. Therefore, the possibility of the petitioners threatening the witnesses, hampering the investigation, or tampering with evidence does not arise. The learned Assistant Public Prosecutor submits that Accused No.2 is involved in one similar offence, whereas Accused No.3 has no adverse criminal antecedents. Even the pendency of a criminal case of similar nature cannot be a ground to deny the request for bail, as the petitioners are to be presumed innocent until their guilt is proved. 4. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.2 and 3, this Court is inclined to enlarge the Petitioners/Accused Nos.2 and 3 on bail. 3 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.2 and 3 shall be enlarged on bail subject to they executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, S.Kota. ii. The Petitioners/Accused Nos.2 and 3 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 Petitioners/Accused Nos.2 and 3 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.2 and 3 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos.2 and 3 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.2 and 3 shall surrender their passport, if any, to the investigating officer. If they claim that they does not have a passport, they shall submit an affidavits to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 16.10.2025 S D P 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10445 OF 2025 16.10.2025 S D P