-.\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA THURSDAY, THE NINTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO.| 10126 0F 2025 Betwee n : Telukula Kamal @ sahu, s/o. Trjnadh, aged about 28 years,R/o. D. No.4-4- 40, Golla Street, Ichapuram Town, srikakulam District, presently residing at Manjkanta @ Ganesh Noodles shop, urvasj Bus Stop backside. Near Gown- Grandhalayam, Kancharapalem, lVisakhapatnam, visakhapatnam District. .HPetitioner/Accused No.3 AND The State of Andhra pradesh, Rep by its public prosecutor, High Court of Andhra pradesh. u.Respondent petitl-on under sections 480 & 483 of BNSS, 2023 (under sectl'ons 437 and 439 of Cr.P.C., 1973), praying that in the circumstances stated jn the memorandum of grounds filed in s,upport of the crjmjnal petl'tion, the Hl'gh court may be pleased to enlarge'the petitioner/Accused No.3 on ba" pending \,_; . disposal of crime No. 303/2025 of Kancharapalem P.S., Visakhapatnam p.s. counsel forthe petitionerJ : Sri Balabhadruni Manohar counsel for the Respondent : Ms.Akhila Naidu, Assistant public Prosecutor The Court made the following Dr. YLR, J CrI.P.No.10126 of 2025 . Dated 09.10_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 brev-Ity cthe BNSS'), seeking to enlarge the petitioner/Accused No.3 on bail in Crime No.303 of 2025 of Kancharapalem Police Station,. Visakhapatnam District, was registered against the Petitioner/Accused No.3 herein for the offences punishable under section 20(b)(ii)(B) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity tthe NDPS ActJ). CASE OF THE PROSECUTION: 2. The case of the prosecution isthat On 19.08.2025, on receipt of credible information regarding the illegal possession and transportation of ganja, the sub-Inspector of Police, Kancharapalem Police Stat'IOn, along With his Staff and mediators, rushed to near Nirman Park, Ra'llway Track, Behind K.V. school, Kancharapalem, Visakhapatnam, land conducted vehicle checking. The Police noticed three persons w'Ith a PIastic gunny bag and on seeing the police, the .said persons tried to escape. The police apprehended the three accused. During the investigation, the accused disclosed their address particulars, and based on his confession statements, the police seized 2.7 kgs of ganJ-a under the cover Of a mediatOr'S report. i--.I a \ E` __ -- -----i-_I_ .-== `. /'J` Dr. YLR, J CrI-p.No.10126 of 2025 Dclted o9.10.2025 . 3 srI' Balabadrun, Manohar, learned counsel for the petltloner submits that the petltIOner ls Innocent of the alleged offence and he has been falsely I'mPIicated in the alleged offence, without any cogent evldence llnking him to the commission of the crl-me, 't js contended that the petltIOner is the sole breadwinner of his family and his arrest would cause undue hardshlp and prejudice to his dependents. The petitIOner undertakes to abide by any condjtjon that this court may impose while granting b;" to the petitI|Oner. 4. It is further submltted that the petI'tlOner has a permanent place of residence and there is no lI'keII|hOOd of h,'s absconding o.r evading the process of law. The petitioner has cooperated with the investigation thus far and assures continued cooperation in future proceedings. lt is also urged that the a[IegatI-OnS are of a nature that do not warrant further cus{od]-al detention, and if any condition is imposed whI'Ie granting the baH Petitioner would not violate I-t; and i{ is urged {o allow the petition. ARC 5. per oonfra, Ms.P.Akhila Naidu, learned Assistant public prosecutor strenuously opposed to grant of bail and prosecution further apprehend that the petltjOner, lf releasec!, may Influence or int,midate witnesses, thereby obstructing the course of justice. !t is also urged that there exists a real and Imminent risk of the petitioner abscondlng and evacllng the clue process of Dr. YLR. ` crI.P.No.1O126 of 2025 Dclted O9.10.2025 ` _q` law. Given the gravity Of the allegat.Ions and the POten{'lal threat tO the progress of the investigation, it is subm'ltted that the pet'ltioner does not deserve the discretionary relief of bail and it is urged to dismiss the bail petition. 6. Thoughtful cOnSiderat-Ion iS bestowed On the arguments advanced by the learned counsel for both sides. I have perused the entire record. FOR POINT 7. ln the light Of the Case Of the Prosecution and the COnten{iOnS Of the learned counsel for both the sides, now the point for consideration is: "whether the petitioner is entitled for grant of ba-Il?" ANALYSIS: 8. As seen from the record, the allegation against the Petitioner/Accused No.3 is that he was allegedly indulged in dealing' With 2.7 kgs of ganja, Which is not a commercial quantity. The pet'ltioner Was arrested On 19.08.2025. He has been in the judie-lal custody for the past 52 days. The petitioner is a permanent resident Kancharapalem, Visakhapatnam District, and he has got fixed abode. The material portion Of the inVeStigat'IOn, inSOfar aS the Pet'ltiOner is concerned, is completed. All the witnesses are Official Witnesses. The chances of the petitioner threatening the witnesses, hampering the investigation, or tampering with the evidence may not arise. The learned --. .--- ---I--i C Dr- YLR, I Crl.P.No.10126 of 2025 Dated 09.10.2O25 Ass,'stant pubIIC Prosecutor submlts that there are no sI'milar adverse antecedents against the petitI'Oner. 9. conslderjng the perlod of detention undergone by the pet1'tiOner/Accused No.3, the nature and gravl|ty of allegations levelled against the petitl'oner, and his alleged role played in the case, this court is inclined to enlarge the petltlOner/accused No 3 on bail wlth the following stringent COndjtI'OnS.I i. The Pe{itjoner/Accused No.3 shall be enlarged on ba" subject to he executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for the like sum each to the satisfaction of the learned v" Additional Judicial Magistrate of First Class at visakhapatnam. I-lr. The petjtjoner/Accused No.3 shall appear before the station House officer concerned, on every saturday jn between 10.loo am and o5:OO pm, tm cognjzance is taken by the learned the Trial Court. ijI'. The petjtjoner/Accused No.3 sha" not leave the limits of the state of Andhra pradesh without prior permission from the Station House officer concerned. '€ I_ur r_ Dr. YLR, J CrI.P.No.10126 of 2O25 Dclted 09.10.2O25 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. vi. The Petitioner/Accused No.3 shall not, directly or 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 to any police officer. 10. Accordingly, the Criminal Petition is allowed. //TRUE COPY// For sD/-I. SRINIVASA RAO ASSISTANT REGISTRAR _ --l'i- SECTION OFFICER To, 1. The Vll Additional Judicial Magistrate of First class, Visakhapatnam. 2. The I Additional District and Sessions Judge-Special Judge for Trial of offences under NDPS Act, Visakhapatnam. 3. The Station House Officer. Kancharapalem Police Station, Visakhapatnam Distr-lot. 4. The Superintendent, Central Prison, Visakhapatnam. 5. One CC to Sri Balabhadruni Manohar, Advocate [OPUC] 6. Two CCs Public Prosecutor, A.F`. High Court, Amaravati [OUT] 7. Ome spare copy CVSS HIGH COURT Dr.YLR,J DATED:09/10/2025 BAIL ORDER CRLP.No.10126 of 2025 ALLOWED