APHC010041022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL PETITION NO: 847/2025 Between: Korra Mohan Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. ANKALLA PRUDHVI RAJ Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: 1. This Criminal Petition, has been filed by the Petitioner/Accused No.1 under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking regular bail in Cr.No.41 of 2024 of G. Madugula Police Station, Visakhapatnam District, registered for the offences punishable under sections 20(b)(ii)(c) r/w.25, 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). 2. The Prosecution’s case, briefly stated, is that on 20.08.2024, the Police seized 160 Kgs of Ganja from the possession of the petitioner/A.1 and A.2, while A.3 and A.4 remain absconding. On the same date, the Assistant Sub- Inspector of Police at G. Madugula Police Station received credible 2 information regarding the illegal transportation of Ganja. Acting on this information, the Assistant Sub-Inspector of Police issued a requisition to the Tahsildar, requesting two officials to serve as mediators. Later that afternoon, at approximately 16:00 hours, a vehicle was observed traveling from Annavaram towards G. Madugula. The vehicle, an auto rickshaw, was being driven by one individual, with another person seated beside him, carrying four gunny bags. Upon noticing the police party, A.1 and A.2 attempted to flee, but were subsequently apprehended. 3. Learned Counsel for the Petitioner/A.1 contends that this Court was inclined to grant bail to A.2 as per Orders dated 22.01.2025 in Crl.P.No.443 of 2025 and the petitioner/A.1 and A.2 were remanded to judicial custody on the same day i.e. on 20.08.2024 and the facts of the present petitioner/A.1 as well as A.2 are on the same footing. 4. The learned Assistant Public Prosecutor has not disputed the factual submissions made by the Learned Counsel for the Petitioner. 5. I have heard both parties and perused the record. A perusal of the order dated 22.01.2025 in Crl.P.No.443 of 2025, this Court finds that the facts of the present petitioner/A.1 are on par with those of A.2, who was ordered to be released by this Court. Considering that the investigation against the petitioner/A.1 has been completed and that he has been in judicial custody since 20.08.2024, this Court is of the view that further detention of the petitioner/A.1 is not warranted. Therefore, the petitioner/A.1 is entitled to be enlarged on bail on the following conditions:- (i) The petitioner/A.1 shall be released on bail on executing a personal bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for a like sum each to the satisfaction of the I Additional District and Sessions Judge-cum-Special Judge for trial of offences under NDPS Act, Visakhapatnam. 3 (ii) On release, the petitioner/A.1 shall appear before the Station House Officer concerned, once in a month till conclusion of trial. (iii) The petitioner shall not directly or indirectly contact or threaten the witness under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses and shall not tamper evidence and shall co-operate with the investigation. It is made clear that the petitioner shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. (iv) The petitioner shall not leave the jurisdiction of the Visakhapatnam District without prior intimation to the Investigating Officer and he shall make himself available of his location through mobile phone by pairing it with the mobile phone of the concerned Station House Officer. 6. Accordingly, the Criminal Petition is allowed. Miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE T. MALLIKARJUNA RAO Date: 01.04.2025 MS 4 THE HON’BLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO.847 of 2025 Date: 01.04.2025 MS