IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI y’,' ‘ •4' FRIDAY .THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9875 OF 2025 \ \ % *Sif 4 t- tS u [t ■•1 Between: I Shaik Munisha Begum, Wo Shaik Mastanvali, Aged about 35 years, Occ I House wife, R/o Door No. 466, RRV Puram, Durga Kirana Shop, Gopalapatnam, Visakhapatnam ...Petitioner/Accused Nd.5 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradeshat Amaravathi ...Respondent Petition under Sections 480 & 483 of BNSS, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioner^A5 on bail in connection with Crime No. 61 of 2025, on the file of Kirlampudi P.S 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 KADIYAM NEELAKANTESWARA RAO Advocate for the Petitioner, and of PUBLIC PROSECUTOR, for the Respondent, the Cpurt made the following ,PHC010501942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9875 OF 2025 Between: 1.SHAIK MUNISHA BEGUM, WO SHAIK MASTANVALIAGED ABOUT 35 YEARS, OCC HOUSE WIFE,RO DOOR NO. 466, RRV PURAM, DURGA KIRANA SHOP,GOPALAPATNAM, VISAKHAPATNAM ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradeshat Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.KADIYAM NEELAKANTESWARA 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 Petitioner/Accused No.5 on bail in Crime No.61 of 2025 of Karlampudi Police Station, registered against the Petitioner/Accused No.5 herein for the offence punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity Ithe NDPSAct’). CASE OF THE PROSECUTION: 2. Material averments stemming from the prosecution are that 26.05.2025 at 7.00 a.m on NH 16 road which is running from Rajamundr^ Visakhapatnam nearby Tyre punching shop of Kayala Ramanababu, Toll Plaza, Krishnavaram Village, Kiraimpudi Mandal, wherein the Pdlice conducted a raid and taken the accused into custody and seized the contraband/ ganja 163.250 Kgs in 75 packets, worth Rs. 8,16,250/-, which was seized along with car, cash and mobile phone and registered the above on to case. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri Kadiyam Neelakanteswara Rao, learned Counsel for the Petiti(^ner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence, and that there is no prima facie material or cogent evidence connecting the Petitioner to the commission of the crime. It is further contended that the Petitioner is the sole earning member of his family and that her incarceration would result in grave hardship and irreparable prejudice to his dependents. The Petitioner undertakes to comply with any condition that this Hon’ble Court may deem fit and proper to impose while considering the prayer for grant of bail. /. It is further submitted that the Petitioner is a permanent resident of RRV Puram, Gopalapatnam, Visakhapatnam and there exists no apprehension of his absconding or evading the due process of law. The Petitioner has extended full cooperation in the course of investigation and undertakes to continue such cooperation in all future proceedings. It is also urged that the nature of the allegations does not necessitate custodial interrogation, and that the imposition of appropriate conditions would suffice to secure the ends of justice. In view of the foregoing, it is urged to allow the petition. ARGUMENTS OF THE STATE: Per contra, Ms. P. Akhila Naidu, learned Assistant Public Prosecutor has vehemently opposed the prayer for bail, asserting that the investigation is at a nascent and critical stage, with several material witnesses yet to be examined. It is submitted that the premature enlargement of the Petitioner on bail would be inimical to the sanctity and efficacy of the ongoing investigative process and may engender deliberate non-cooperation on the part of the Petitioner. The prosecution further raises an apprehension that, if released, the Petitioner may exert undue influence upon, or intimidate, prosecution witnesses, thereby impeding the administration of justice and vitiating the evidentiary foundation of the case. It is also contended that there exists a palpable and imminent risk of the Petitioner absconding, thereby frustrating the due process of law. 5. 6. In view of the gravity and allegations, coupled with the potential threat posed to the integrity of the investigation, it is submitted that the Petitioner is not entitled to the indulgence of discretionary relief and it is urged to dismiss the present Criminal Petition. POINT FOR CONSIDERATION: 7. In view of the rival submissions advanced by both the learned Counsel and upon a perusal of the prosecutorial narrative, the pivotal issue riow meriting for consideration is; Whether the Petitioner is entitled for grant of bail? ANALYSIS: This Court in Criminal Petitioner No. 7443 of 2025 on 24.07.2025 enlarged the Accused No.6 on bail. Accused No.6 is aged about 19 years, daughter of the present Petitioner. The allegation against the Petitioner is that she had acted as a pilot for transportation of 163 Kgs of ganja in another vehicle. Except confession of Accused No.5, no material is there, she spot arrested. The Petitioner/Accused No.5 is the wife of Accused No.1. The Petitioner was arrested on 26.05.2025. She has been in judicial custody for the past 123 days. So far 9 witnesses are examined. The Petitioner is permanent resident of RRV Puram, Gopalapatnam, Visakhapatnam. She has got fixed abode. Substantial portion of investigation in so far as Petitioner is ! concerned is completed. The Petitioner got two children, who are subsisting on the Petitioner. 8. was CONCLUSION 9. Considering the nature and gravity of allegation levelled against the Petitioner, his alleged role played in this case, and the period of detention undergone by the Petitioner, this Court is inclined to enlarge the Petitioner bail with the following stringent conditions; on The Petitioner/Accused No.5 shall be enlarged on bail subject to her 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 Magistrate of First Class, Prathipadu. ii. The Petitioner/Accused No.5 shall appear before the Station House Officer, Kirlampudi Police Station, Kakinada District, 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.5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. I. The Petitioner/Accused No.5 shall not commit or indulge in commission of any offence in future. The Petitioner/Accused No.5 shall cooperate with the investigating officer in further investigation of the case and shall make herself available for interrogation by the investigating officer as and when required. IV. V. The Petitioner/Accused No.5 shall not, directly or VI. 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, vii. The Petitioner/Accused No.5 shall surrender her passport, if any, to the investigating officer. If she claims that she do not have a passport, she shall submit an affidavit to that effect to the Investigating Officer. 10. Accordingly, the Criminal Petition is allowed. SD/- U. SRIDEVI ASSISTANT/VREC^STRAR //TRUE COPY// For ECTION OFFICER To, 1. The Judicial First Class Magistrate, Prathipadu, East Godavari Distri(it 2. The Superintendent, Central Prison Godavari District 3. The Station House Officer, Kirlampudi Police Station, Kakinada District 4. One CC to SRI. KADIYAM NEELAKANTESWARA [OPUC] 5. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra [OUT] 6. One spare copy Rajamahendravaram, East / / RAO Advodate Praddsh PSR HIGH COURT DR.YLR,J DATED:26/09/2025 BAIL ORDER CRLP.No.9875 of 2025 ALLOWED