1 APHC010530862025 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: 10319/2025 Between: Kondisetti Jagadeesh @ Pala Jagadeesh ...PETITIONER/ACCUSED AND The State Of Ap ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. MALIREDDY GOWTHAM 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.1 on bail in Crime No.351 of 2025 of Vedayapalem Police Station, SPSR Nellore District, was registered against the Petitioner/Accused No.1 herein for the offences punishable under Section 8(c) 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 petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. The petitioner/accused No.1 was arrested on 25.08.2025. He has been in judicial custody for the past 51 days. The allegation against the petitioner is that he was indulged in dealing with 19.47 grams of ganja with the aid of other accused. The learned Assistant Public Prosecutor submits that the petitioner is a rowdy sheeter and there are 11 IPC cases registered against him. Be that as it may, the petitioner/Accused No.1 is presumed to be innocent until the guilt is proved. In Prabhakar Tiwari v. State of U.P. and others1, 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 petitioner is permanent resident of Nellore District. He has got fixed abode. So far, three witnesses are examined. All the examined witnesses are official witnesses. 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.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail. 1 2020 (11) SCC 648 3 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The petitioner/Accused No.1 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 V Additional Judicial Magistrate of First Class, Nellore. ii. The petitioner/Accused No.1 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.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The petitioner/Accused No.1 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. 4 vii. The petitioner/Accused No.1 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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 16.10.2025 S D P 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10319 OF 2025 16.10.2025 S D P