\ ' [3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl^ ^ FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER/ TWO THOUSAND AND TWENTY FIVE .t Oi ri fTti; -y y Co/.? :PRESENT: ^ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12075 OF 2025 Tsrr-'^ Between: Nallabilli Ganesh, S/o late Ramana, Aged 32 years, Caste; K. velama. Native of D.No. 28-7/22, near Saibaba Temple, Srinivasanagar, Kancharapalem, Visakhapatnam City. Petitioner/Accused No.1 AND The State, Represented By Public Prosecutor, A.P. High Court, Amaravathi. Respondent/Complainant Petition under Section 437 & 439 of Cr.P.C/ 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to enlarge the Petitioner/Accused No.1 on bail pending disposal of Crime No.622/2025 of P.M. Palem P.S., Visakhapatnam; The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. P SRIDHAR MANIKANTA, Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following ORDER: , 2 Dr.YLRJ Crl..PNo.12075 of 2025 Dated 28.11.2025 ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita/ 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.lon bail in Crime No.622 of 2025 of P.M.Palem Police Station, Visakhapatnam Commissionerate District, registered against the Petitioner/Accused No. 1 herein for the offences punishable under Sections20(b)(ii)of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 2. As seen from the record, the petitioner was spot-arrested while he was indulged in possession and transportation of 2 Kgs of Ganja. It is not a commercial quantity. So far 3 witnesses are examined. They are all official witnesses. Chances of threatening the witnesses, tampering the evidence, or hampering the investigation would not arise. The petitioner was arrested 25.10.2025 on the spot. He has been in judicial custody for the past 34 days. The petitioner is the permanent resident of Kancharapalem, Visakhapatnam City. He has got fixed abode. If he is enlarged on bail with certain stringent conditions, he may not evade from the process of law. No petition was filed seeking custodial interrogation of the petitioner. The learned Assistant Public Prosecutor submits that there is one adverse antecedent of a similar nature under the provisions gf^he NDPS Act’ registered vide Cr.No.69 of 2024 of 3. on , 3 Dr. YLR.J Crf..PNo. 12075 of 2025 Dated 28.11.2025 Kesara Police Station, Rangareddy District against the petitioner. Be that as it may, the Petitioner/Accused No.1 is presumed to be innocent until the guilt is proved.The Hon’ble Apex Court in, Prabhakar Tewari v. State of Uttar Pradesh , at paraNo.7, observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail. Considering the facts and circumstances of the case, the nature and gravity of allegations leveJIed against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: 4. i. The Petitioner/Accused No.1 shall be enlarged on bail subject to them executing bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned XVI Additional Metropolitan Magistrate, Bheemunipatnam. ii. The Petitioner/Accused No.1 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet, 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. ’(2020) 11 see 648 , 4 Dr. YLR,J Crl..PNo.12075 of 2025 Dated 28.11.2025 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 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 SD/- M.SRINIVAS ASSISTANJgE^lSTRAR SECTION OFFICER //TRUE COPY// To, 1. The XVI Additional Metropolitan Magistrate, Bheemunipatnam, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, P.M. Palem P.S., Visakhapatnam. 4. One CC to Sri. P SRIDHAR MANIKANTA, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. One spare copy JSS .:y HIGH COURT DR.YLR, J DATED:28/11/2025 BAIL ORDER CRLP.No.12075 of 2025 ALLOWED