APHC010517982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10414/2025 Between: 1. GULLIPALLI GANGADHAR,, S/O. SIMHADRI, MALE, AGED ABOUT 26 YEARS, R/O. NEELAVATHI VILLAGE, GANTYADA MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, Fligh Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. MANGENA SREE RAMA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following 2 ORDER: This criminal petition has been filed, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner- accused No. 1 on bail in crime No. 452 of 2025 of P.M.Palem Police Station, Visakhapatnam Commissionerate, registered for the offence punishable under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, on the allegation of the petitioner-accused No. 1 was in possession and transportation of 3 K.Gs. of Ganja and 1 Gram of Methylenedioxymethamphetamine. 2. Heard learned counsel for the petitioner-accused No. 1 and learned Assistant Public Prosecutor appearing for the respondent-State. 3. The allegation against the petitioner-accused No. 1 is that he was in possession and transportation of 3 K.Gs. of Ganja and 1 Gram of Methylenedioxymethamphetamine from accused No. 2 with a view to sell at Gayatri Engineering College, Bakkannapalem, Visakhapatnam. The petitioner was arrested on the same day i.e. on 07-08-2025. He has been in judicial custody for the past 70 days. The contraband is not a commercial quantity. Learned Assistant Public Prosecutor submits that there is one criminal adverse antecedent reported against the petitioner. Mere pendency of criminal cases against the petitioner is not a sole ground for rejecting the request for grant of regular or pre-arrest bail as per the judgment of the Hon'ble Apex Court in Prabhakar Tiwari v. State of U.P. and others1. The 1 2020 (11) SCC 648 3 petitioner is permanent resident of Neelavathi Village, Gantyada Mandal, Vizianagaram District. He has got fixed abode. He may not escape from the clutches of law and he may not evade the process of law. 4. Considering the facts and circumstances of the case and the nature and gravity of allegations levelled against the petitioner-accused No. 1, this Court is inclined to enlarge him on bail with the following stringent conditions: (i) The petitioner-accused No. 1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of learned XVI Additional Judicial Magistrate of I Class at Bheemunipatnam; (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 filing of charge sheet; (iii) The petitioner-accused No. 1 shall make himself available for investigation as and when required; (iv) The petitioner-accused No. 1 shall not cause any threat, inducement or promise to the prosecution witnesses; (v) The petitioner-accused No. 1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer; and 4 (vi) The petitioner-accused No. 1 shall not leave the limits of State of Andhra Pradesh without the express permission from the Station House Officer concerned. 5. The criminal petition is accordingly allowed. _______________________ Dr. Y.LAKSHMANA RAO, J. Date: 15-10-2025, JSK 5 HONOURABLE Dr. JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION No. 10414 OF 2025 DATE: 15-10-2025 JSK