j I 'ik. '3 \ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV WEDNESDAY, THE EIGHTH DAY OF OCTOBER;'' TWO THOUSAND AND TWENTY FIVE rPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO"^«=^ iSf: ) 4- CRIMINAL PETITION NO; 9735 OF 2025 Between: Korra Manglanna, S/o Muleya Age 46 years, R/o Jamuguda Village Pedabayalu Mandal, Alluri Sita Rama Raju District ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, Through Station House officer, G.Madugula P.S, Visakhapatnam Rep. by Public Prosecutor, High Court at Amaravati ...Respondent Petition under Sections 480 & 483 of BNSS, 2023 (under sections 437 and 439 of Cr.P.C., 1973), 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 release the Petitioner/Accused No.3 on bail in connection with Crime No. 46 of 2023 of G.Madugula P.S, Visakhapatnam. Counsel for the Petitioner : Sri Ramineni Sudheer Counsel for the Respondent : Ms.Akhila Naidu, Assistant Public Prosecutor The Court made the following 2 Dr. YLR, J Crl.P.No.9735 of 2025 ij Dated 08.10.2025 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.3 on bail in Crime No.46 of 2023 of G.Madugula Police Station, ASR District, was registered against the Petitioner/Accused No.3 herein for the offences punishable under Section 20(b)(ii)(C) and Section 25 read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). CASE OF THE PROSECUTION: The case of the prosecution is that on 01.10.2023 at about 10:00 hours 2. on receipt of credible information regarding the illegal possession and transportation of ganja, the ASI of G. Madugula Police Station, along with his staff and two mediators, proceeded to Matsapuram Junction, K. Kodapalli Village & Panchayat, G. Madugula, for vehicle checking. During the checking. they intercepted a Pulsar 150 motorcycle bearing No. AP 31 DE 4979, which was coming from Matsapuram village towards Paderu. On being stopped, the rider attempted to flee but was apprehended. Upon questioning, he revealed his identity and voluntarily confessed to transporting ganja. On verification, the police found one white gunny bag containing 55 kgs of ganja, along with Rs.85,500/-. The contraband, vehicle, and cash were seized under a 3 Dr. YLR, J CriP.No.9735 of 2025 Dated 08.10.2025 mediator’s report, and the accused was taken into custody and handed over to the Sub-Inspector of Police, G. Madugula Police Station, along with the seized property for necessary action. Based on the mediator’s report, a case was registered. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Mr.Ramineni Sudheer, learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence and he has been falsely implicated in the alleged offence, without any cogent evidence linking him to the commission of the crime. It is contended that the Petitioner is the sole breadwinner of his family and his arrest would cause undue hardship and prejudice to his dependents. The Petitioner undertakes to abide by any condition that this Court may impose while granting bail to the Petitioner. 4. It is further submitted that the Petitioner has a permanent place of residence and there is no likelihood of his absconding or evading the process of law. The Petitioner has cooperated with the investigation thus far and assures continued cooperation in future proceedings. It is also urged that the allegations are of a nature that do not warrant further custodial detention, and if any condition is imposed while granting the bail, Petitioner would not violate it; and it is urged to allow the Petition. ARGUMENTS OF THE STATE: 4 Dr.YLKJ Crl.P.No.9735 of2025 Dated 08.10.2025 Per contra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor 5. strenuously opposed to grant of bail and prosecution further apprehend that the Petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and imminent risk of the Petitioner absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the progress of the investigation, it is submitted that the Petitioner does not deserve the discretionary relief of bailand it is urged to dismiss the bail petition. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 6. POINT FOR CONSIDERATION: In the light of the case of the prosecution and the contentions of the 7. learned Counsel for both the sides, now the point for consideration is: Whether the Petitioner is entitled for grant of bail? ANALYSIS: As seen from the record, the petitioner was arrested on execution of a P.T. warrant on 23.08.2025 and he has been in judicial custody for the past 47 days. The allegation against the petitioner/Accused No.3 is that he was allegedly indulged in dealing with 55 kgs of ganja along with the other accused. The petitioner is stated to have acted as a mediator between the 8. 5 Dr. YLR, J Crl.P.No.9735 of 2025 Dated 08.10.2025 supplier and the end customer. The learned Assistant Public Prosecutor submits that there is one criminal adverse antecedent against the petitioner under the provisions of ‘the NDPS Act’. 9. Be that as it may, the petitioner/Accused No.3 is presumed to be innocent until the guilt is proved. In Prabhakar Tiwari v. State of U.P. and others ^ 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. After completion of thorough investigation, the charge sheet has been filed and an NSC number is yet to be assigned. Accused Nos.1 and 2 were enlarged on regular bail by this Court in Crl.P.No.536 of 2024, vide order dated 13.02.2024, and in Crl.P.No.9875 of 2025, vide order dated 02.01.2024. The role of the petitioner has emerged solely based on the confession of Accused No.2, and except for that, there is no material evidence against the petitioner. The petitioner is a permanent resident of Jamuguda Village, Pedabayulu Mandal, ASR District, and he has got fixed abode. As the investigation has been completed and the charge sheet filed, the chances of the petitioner threatening witnesses, hampering the investigation, or tampering with evidence may not arise. 10. Considering the period of detention undergone by the Petitioner/Accused No.3, the nature and gravity of allegations levelled against the Petitioner, and his alleged role played in the case, this Court is inclined to 2020 (11) see 648 6 Dr. YLR, J Crl.P.No.9735 of2025 Dated 08.10.2025 enlarge the Petitioner/accused No.3 on bail with the following stringent conditions: i. The Petitioner/Accused No.3 shall be enlarged on bail subject to he executing a personal 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 First Class Magistrate, Paderu. ii. The petitioner/Accused No.3 shall appear before the Station Flouse 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.3 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station Flouse Officer concerned. iv. The petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.3 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. V. The Petitioner/Accused No.3 shall not, directly or indirectly, make any inducement, threat or promise to any 7 Dr. YLR, J Crl.P.No.9735 of 2025 Dated 08.10.2025 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. 11. Accordingly, the Criminal Petition is allowed. SD/- T. SRINIVASA RAG ASSISTANT^EGJSTRAR SECTION OFFICER / //TRUE COPY// \ To. 1. The Judicial First Class Magistrate, Paderu 2. The Superintendent, Central Prison, Visakhapatnam. 3. The Station House Officer, G.Madugula Police Station, Visakhapatnam. 4. One CC to SRI. RAMINENI SUDHEER Advocate [OPUC] 5. Two CCs Public Prosecutor, A.P. High Court, Amaravati [OUT] 6. One spare copy cvss HIGH COURT Dr.YLR.J DATED:08/10/2025 BAIL ORDER CRLP.No.9735 of 2025 ALLOWED