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: 9884 OF 2025 Between: 1. Kosu Chellanna Dora, S/o Lakshmanrao Dora, Aged 32 yrs, Vadapalli, Village & Panchayat of Rampachodavaram Mandal, ASR District.(AI) 2. Chilakala Lakshmayya, S/o Sanyasayya (Late) Aged Yrs, Gunjugudem Village, Madicharla Panchayat of Rampachodavaram Mandal, ASR District. (A-2) 3. Valala Prasad, S/o Sathibabu, Aged 21 Yrs, Immidivaram Village, Madicharla Panchayat of Rampachodavaram Mandal, ASR District. (A-3) 4. Teegala Ramakrishna, S/oi Suri babu, Aged 24 Yrs, Sokulagudem Village, Vemulakonda Panchayat of Rampachodavaram Mandal, ASR District. (A-4) 5. Neram Ravikumar, S/o Veerabbai, Aged 22 Yrs, Pedageddada Village and Panchayat of Rampachodavaram Mandal, ASR District. (A-5) ... Petitioner/Accused-A1 to A-5 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition under Sections 480 & 483 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to release the petitioners on bail in Cr. No 92/2025 Rampachodavaram Policd Station, East Godavari. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Ms. Koppisetti Parvati Devi, Advocate for the Petitioner and of Public Prosecutor for the Respondent, the Court made the following 2 Dr. YLR, J Crl.P.No.9884 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 brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 to 5 on bail in Crime No.92 of 2025 of Rampachodavaram Police Station, ASR District, was registered against the Petitioners/Accused Nos.1 to 5 herein for the offences punishable under Section 8 (c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’) and Section 111 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). CASE OF THE PROSECUTION: The case of the prosecution is that on 14.09.2025 at 17:30 hours, on receipt of credible information about illegal possession and transportation of ganja, the Sub-Inspector of Police, Rampachodavaram Police Station, along with his staff and after securing the presence of two mediators, rushed to the forest hill area on the outskirts of Pedda Geddada village, Rampachodavaram Mandal, ASR District, and conducted a raid. The accused Nos.1 to 5 were found in possession of 16 kgs of ganja, packed in three white plastic bags. During the seizure, a Hero Mint Color keypad phone from A1 and a Samsung Gold Android phone from A5 were also seized. The seizure was made under the cover of a mediators’ report. 2. 3 Dr. YLR, J Crl.P.No.9884 of 2025 Dated 09.10.2025 CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: Ms.Kopisetti Parvathi Devi, learned Counsel for the Petitioners submit 3. that the Petitioners are innocents of the alleged offence and they have been falsely implicated in the alleged offence, without any cogent evidence linking them to the commission of the crime. It is contended that the Petitioners are the sole breadwinners of the family and their arrest would cause undue hardship and prejudice to their dependents. The Petitioners undertake to abide by any condition that this Coud: may impose while granting bail to the Petitioners. 4. It is further submitted that the Petitioners have a permanent place of residences and there is no likelihood of their absconding or evading the process of law. The Petitioners have 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, Petitioners would not violate it; and it is urged to allow the Petition. ARGUMENTS OF THE STATE: 5. Per contra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor strenuously opposed to grant of bail and prosecution further apprehend that the Petitioners, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and 4 Dr. YLR, J Crl.P.No.9884 of 2025 Dated 09.10.2025 imminent risk of the Petitioners 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 Petitioners do not deserve the discretionary relief of bail and it is urged to dismiss the bail petition. 6. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. POINT FOR CONSIDERATION: 7. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: Whether the Petitioners are entitled for grant of bail? ANALYSIS: 8. As seen from the record, the allegation against the Petitioners/Accused Nos.1 to 5 is that they had allegedly indulged in dealing with 16.00 kgs of ganja, which is not a commercial quantity. The petitioners were arrested on 14.09.2025. They have been in the judicial custody for the past 28 days. The petitioner/A-1 is a resident of Vadapalli Village, ASR District. The petitioner/A- 2 is a resident of Gunjagudem Village, ASR District. The petitioner/A-3 is a resident of Immidivaram Village, ASR District. The petitioner/A-4 is a resident of Sokulagudem Village, ASR District. The petitioner/A-5 is a resident of Pedageddada Villlage, ASR District. They have got fixed abode. So far, six 5 Dr. YLR, J Crl.P.No.9884 of 2025 Doted 09.10.2025 witnesses have been examined. The material portion of the investigation, insofar as the petitioners are concerned, is completed. All the witnesses are official witnesses. The chances of the petitioners threatening the witnesses. hampering the investigation, or tampering with the evidence may not arise. The learned Assistant Public Prosecutor submits that there are no similar adverse antecedents against the petitioners. 9. Considering the period of detention undergone by the Petitioners/Accused Nos.1 to 5, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 to 5, and their alleged role played in the case, this Court is inclined to enlarge the Petitioners/Accused Nos.1 to 5 on bail with the following stringent conditions: i. The Petitioners/Accused Nos.1 to 5 shall be enlarged on bail subject to they executing personal bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Rampachodavaram. ii. The Petitioners/Accused Nos.1 to 5 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. 6 Dr. YLR, J Crl.P.No.9884 of2025 Doted 09.10.2025 lii- The Petitioners/Accused Nos.1 to 5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.1 to 5 shall indulge in commission of any offence in future. V. The Petitioners/Accused Nos.1 to 5 not commit or shall cooperate with the investigating officer in further investigation of the case and shall make themselves available interrogation by the investigating officer required. for as and when Vi. The Petitioners/Accused Nos.1 to 5 shall or indirectly, make any inducement, threat any person acquainted with the facts of the dissuade him/her from disclosing such facts or to any police officer. not, directly or promise to case so as to to the court 10. Accordingly, the Criminal Petition is allowed SD/-fVl.SRINIVAS A.SSfSTA^^^R^^STRAR TsON OFFICER //TRUE COPY// SE To, 1. The Court of the Judicial First Class Magistrate, Rampachodavaram. 2. The Superintendent, Central Prison, Rajahmundry. 3. The Station House Officer, Rampachodavaram Police Station, East Godavari District. 4. One CC to Ms. Koppisetti Parvati Devi, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, Amaravati.[OUT] 6. One spare copy. High Court of A.P., PSD HIGH COURT DR.YLR.J DATE:09/10/2025 BAIL ORDER CRLP.No.9884 of 2025 ALLOWED