IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3862 OF 2025 Between: Baka Prabhakara Rao @ Anil, S/o. Apparao, aged about SOYears, Lotheru Village, Arakuvally Mandalam, R/o. Kasipatnam Villlage, Ananthagiri Mandal, Allurl Seetha Rama District ...PETITIONER/ACCUSED-11 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh At Amaravati. ...RESPONDENT/COMPLAINANTS Petition( under Section 480 & 483 of BNSS, old Cr.P.C., under Section 437 & 439) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to release the petitioner/Accused -11 on bail in Cr. No. 79 of 2024 f Anantha Giri Police Station, Alluri Seetha Raju District, Under Sectionlll(2)(b) of BNSS 2023 and 8 (c) r/w 20 (b) (ii) (C) &25of N.D.P.S Act, 1985 dated 22- 11-2024 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Kakumanu Joji Amrutha Raju, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following order: 1 APHC010181842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3862/2025 Between: ...PETITIONER/ACCUSED Baka Prabhakara Rao @ Anil AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused; 1.KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioner herein/A11, seeking regular bail in connection with Crime No.79 of 2024 of Ananthagiri Police Station, Alluri Seetharama Raju District, registered for the offences punishable under Sections 112(2)(b) BNS, 8(c) r/w 20(b)(ii)(C) and 25 of the NDPS Act. 2 2. Brief facts of the case are that, on 22.11.2024, at about 18.00 hours at Araku Valley to Visakhapatnam main road in front of Ananthagiri Police Station, on receipt of credible information, the SI of Police, Ananthagiri Police Station along with his staff went to scene of offence and conducted vehicle check, caught hold some of the accused while transporting the Ganja of 100 kgs in two cars, police seized the contraband and two cars under the cover of mediators report. Some of the accused absconded. Consequently, a case has been registered against the accused. 3. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel for the petitioner and Sri Neelothpal Ganji, learned Assistant Public Prosecutor for the respondent. 4. Learned counsel for the petitioner would submit that A2 was granted regular bail by the Coordinate Bench of this Court in Crl.P.No.2809 of 2025, dated 01.04.2025. The petitioner is All. His case is also falling under the same footing. His case may be considered for regular bail. Learned Assistant Public Prosecutor vehemently opposed the petition stating that the case against A2 was made basing on the confession statement. But coming to the case of A11, he was caught red handed by the police while transporting the Ganja. It is a commercial quantity and prays to dismiss the criminal petition. 5. 3 Considering the submissions made and on perusal of the material on record, the case of A11 herein cannot be clubbed with the case against A2, as A2 was arrested on 23.01.2025 basing on the confession statement of co accused. But whereas the present petitioner was caught red handed by the police while transporting the Ganja, which is a commercial quantity of 100 kgs. In view of the bar under Section 37 of the NDPS Act, this Court is not inclined 6. to grant bail to the petitioner at this stage. In the result, the Criminal Petition is dismissed. 7. Sd/- K.KASIRAO ACHARI ASSISTANT R^^I^TRAR //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, Anathagiri Police Station, Alluri Seetha Rama Raju District. Formally known as Visakhapatnam. 2. One CC to Sri Kakumanu Joji Amrutha Raju, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies RAM "ft HIGH COURT DATED:01/05/2025 ORDER CRLP.No.3862 of 2025 SI 0 ( SEP 2025 K DIMISSING THE CRIMINAL PETITION