IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR THURSDAY, THE NINTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHIVIANA Between: CRIMINALPETITIONNO: 10014OF2025 c'r,,...,+iEct! 1. Shaik Sulthan basha, s/o. chan basha,Aged about 36 years, R/o. Moulana District. Saheb Street,Sattygunta Road, Nellore City, SPSR Nellore 2. Onteru suman Kumar, S/o. Gopalaiah,Aged about 38 years, R/o. Ramapuram village,Kodavaluru Mandal, SPSR Nellore District. 3. Shaik Mustao, s/o. sandani Basha,Aged about 36 years, R/o. Bagathsingh colony,venkateswarapuram, Nellore City,SPSR Nellore District. 4. Shaik Lathif, S/o. RasooI Basha,Aged about 26 years, R/o. Janardhanreddy colony,Venkateswarapuram, Nellore city,spsR Nellore DistrI'Ct. Petitioners/Accused No.1 to 4 AND The State ofAndhra pradesh, Rep. by its public Prosecutor, High Court Buildings,Amaravathi. Respondent petition under Section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High court may be pleased to enlarge the petI'tiOnerS/A-1 to A4 on ba" pending investI-gatiOn and trial in FIR.No.81 of 2025, dated 30/08/2025 on the file of Bitragunta police station, spsR Nellore District I-n the interest of justice. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of sri. RAJA REDDY KONETI, Advocate for the petitioners and of PUBLIC PROSECUTOR for the Respondent; i-he Court made the following: APHCO10510472025 Dr. YLFl, I CrI.P.No.1OO14 of 2025 Dated 09.10_2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO a,RIMINAL PETITION NO:I 10014/2025 [3521] Betwee n : 1.SHAIK SULTHAN BASHA, S/O. CHAN BASHA,AGED ABOUT 36 yEARS, R/O. MOULANA SAHEB STREET,SATTYGUNTA ROAD, NELLORE CITY, SPSR NELLORE DISTRICT. 2.ONTERU SUMAN KUMAR, S/O. GOPALAIAH,AGED ABOUT 38 yEARS, R/O. RAMAPURAM VILLAGE,KODAVALURU MANDAL, spsR NELLORE DISTRICT. 3.SHAIK MUSTAO, S/O. SANDANI BASHA,AGED ABOUT 36 YEARS, R/O. BAGATHSINGH COLONY,VENKATESWARAPURAM, NELLORE CITY,SPSR NELLORE DISTRICT. 4.SHAIK LATHIF, S/O. RASPOL BASHA,AGED ABOUT 26 YEARS, R/O. JANARDHANREDDY COLONY,VENKATESWARAPURAM, NELLORE clTY,SPSR NELLORE DISTRICT. .MPETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep. by I'tSPublic Prosecutor, High court Buildings,Amaravathi. ...RESPONDENT/COMPLAINANT counsel for the petitioner/accused(s): RAJA REDDY KONETI counsel for the Faespondent/COmPiainant: PUBLIC PROSECUTOR . _ i Dr. YLR, J CrI.P.No.10014 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, 2U23 (for brevity 'the BNSS'),. seeking to enlarge the Petitioners/Accused Nos.1 to 4 on bail in Crime No.81 of 2025 of Bitragunta Police Station, SPSR Nellore Di'strict, was registered against the Petitioners/Accused Nos.1 to 4 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 lthe NDPS ActJ). CASE OF THE PROSECUTION: 2. The case of the prosecution is that on 30.08.2025 at about ll:00 hours, on receipt of credible information regarding the illegal possession and transportation of ganja, the Circle Inspector of Police, Kavali Rural Circle, along with staff and mediators, rushed 1:o Railway Station Road,I lbrahimpeta Centre, Bogolu Village and Mandal, and conducted vehicle checking. The accused Nos.1 to 4 attempted to escape when their car was stopped, but the police apprehended them and interrogated them. Based on their confessional statements, 6.00 kgs of ganja, which they had obtained from Accused No.5, were seized. The police thereafter arrested the accused and seized 6.00 kgs of ganja and the Kia car under the cover of a mahazarnama. I-=_-` --._- , CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: Dr. YLR, J CrI-P.No.10014 of 2025 Dated 09.10.2025 3. Sri Raja Reddy Koneti, learned Counsel for the Petitioners submit that the Petitioners are innocen{s 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 I-heir arrest would cause undue hardship and prejudice to their dependents. The Pet`ltioners undertake to abide by any condition that this Court may impose while granting bail to the Petitioners. 4. lt 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 confra, 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 intimI'date Witnesses, thereby obstructing the collrse of justice. It is also urged that there exists a real and imminent risk of the Petitioners absconding and evading the clue process of _ Dr. YLR, I CrI.P.No.10014 of 2025 Dc,fed O9. I a. 2O25 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. ln 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 4 is that they had allegedly indulged in dealing with 6.00 kgs of ganja, which is not a commercial quantity. The petitioners were arrested on 30.08.2025. They have been in the judicial custody for the past 50 days. The petitioner/A-1 is a resident of Sattygunta Road, Nellore City. The petitioner/A- 2 is a resident of Ramapuram Village, Nellore District. The petitioner/A-3 is a resident of Venkateswarapuram, Nellore City. The petitioner/A-4 is a resident of Venkateswarapuram, Nellore City. They have got fixed abode. So far, four witnesses have been examined. The material portion of the investigation, insofar as the petitioners are coneemed, is completed. All the witnesses are EEEEEap/ Dr. YLR, J Cri.P-No.10014 of 2025 ' Dclted 09.10_2025 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 4, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 to 4, and their alleged role played in the case, this Court is inclined to enlarge the Petitioners/Accused Nos.1 to 4 on bail with the following stringent conditions: i. The Petitioners/Accused Nos.1 to 4 shall be enlarged on bail subject to they executing personal bonds for a sum of Rs.10,000/-(Rupees Ten Thousand only) each, with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Kavali, SPSR Nellore District. ii. The Petitioners/Accused Nos.1 to 4 shall appear before the Station House Officer concerned, on every Saturday -ln between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. t Dr_ YLR, I CrI.P.No.10014 of 2025 Doted O9. I a.2O25 iii. The Petitioners/Accused Nos.1 to 4 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 4 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos.1 to 4 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The Petitioners/Accused Nos.1 to 4 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. llTF`UE COPYll sD/-T. SRINIVASA RAO SECTION OFFICER FaBSEqgggZZ3ng To, 1. The Judicial Magistrate of First Class, Kavali, SPSR Nellore Djstrjct. 2. The Superintendent, sub-Jail, KavaII', SPSR Nellore District. 3. The Station House Officer, Bl'tragunta police station, spsR Nellore Distrl'ct 4. One CC to Sri. RAJA REDDY KONETl, Advocate [opuc] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra pradesh, Amaravati. [ouT] 6. One spare copy JSS - HIGH COURT DR.YLR, J DATED..09/10/2025 BAIL ORDER CRLP.No.10014 of 2025 ALLOWED ----1-+.