IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl THURSDAY, THE NINTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO '`B\i CRIMINAL PETITION NO: 10128 OF 2025 `l\;1=\`_+` ,`\,\` Between : vanjuvanjula Nagaraju, S/o. Late Dharma Raju, aged about 33 years,R/o. sagaram village, v. Madugula Mandal, Anakapalli D-lstrict, A.P. ...petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent petition under sections 480 & 483 of BNSS, 2023 (under sections 437 and 439 of Cr.P.C.,1973), praying that -ln the circumstances Stated in the memorandum of grounds filed in support of the Criminal Petition, the High court may be pleased to enlarge the petitioner/Accused No.1 on bail pending disposal of crime No. 621/2020 ofV. Madugula P.S., now Anakapalli D'lstr-lot. counsel forthe petitioner : Sri Gollapalli Maheswara Rao counsel for the Respondent : Ms.Akhila Naidu, Assistant Public Prosecutor The Court made the following __-'-"I -I ::,;{,{,;p APHCO10517952025 EFEriE Dr. YLR, I CrI.P.No.10128 of 2O25 Dated 09.1O.2025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original JurI-SdiCtiOn) [3521] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO £BIMINAL PETITION NO: 10128/2_Q2§ Between: VANJUVANJULA NAGARAJU, S/O. LATE DHARMA RAJU, AGED ABOUT 33 YEARS,R/O. SAGARAM VILLAGE, V. MADUGULA MANDAL, ANAKAPALLI DISTRICT, A.P. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh. u.RESPONDENT/COMPLAINANT Counsel for the petitioner/accused: GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complaI-nant: PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under sections 480 and 483 of the Bharatiya Nagarik Suraksha SanhI-ta, 2023 (for brevity {the BNSS'), seeking to enlarge the Petitioner/Accused No.1 on' bail in Crime No.621 of 2020 of '''~ -: -ofP \ Dr. YLR, J CrI.P.No-10128 of 2025 Dc,ted O9.10. 2025 V.Madugula Police Station, Visakhapatnam District, was registered against the Petitioner/Accused No.1 herein for the offences punishable under Section 20(b)(ii)(C) read with 8 (c) of the Narcotic Drugs and Psychotropic Substances Act,1985 (for brevity tthe NDPS Ac{'). CASE OF THE PROSECUTION: 2. The case of the prosecution is that on 12.12.2020, on receipt of credible information regarding the illegal possession and transportation of ganja, the Sub-Inspector of Police, V. Madugula Police Station, along with his staff and mediators, rushed {o D. Suravaram Junction and conducted vehicle checking. The police noticed a car coming from the Paderu side, and on seeing the police, the driver stopped, turned the car around, and fled from the spot. The police searched the car and seized 160 kgs of ganja under the cover of a mediator's report. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri G.Maheswara Rao, learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence and he has been falsely implicated in t'he alleged offence, without any cogent evidence linking him to the commission of the crime. lt is contended that the Petitioner is the sole breadwinner of his family and his arrest would cause undue hardship and _\t-i ..- _-5:-----f3-ii , . •S``-`S Dr_ YLR, J CrI.P.No.10128 of 2025 Dated 09.10_2025 prejudice to his dependents. The Petitioner undertakes to abide by any condition that this Court may impose vI,hile granting bail to the Petitioner. 4. lt 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. lt 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: 5. - Per confra, Ms.P.Akhila Naidu, learned Assistant Public Prosecutor 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. lt 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. 6. Thoughtful consideration is bestowec! on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. `_ \ _____ E- Dr. YLR, J CrI.P.No.10128 of 2025 Dated 09.10.2025 POINT FOR CONSIDERATION: 7. ln the light of the case of the prosecution and the contentions of the learned Counsel for both the side.s, now the point for consideration is: "Whether the Petitioner is entitled for grant of bail?" ANALYSIS: 8. As seen from the record, the allegation against the petitioner/Accused No.1 is that he was allegedly indulged in dealing w'lth 160.OO kgs of ganja, which is a commercial quantity. The petitioner's role came to light based on the confession of the other accused. The offence took place on 12.12.2020. The petitioner was arrested on execution of a P.T. warrant on 29.05.2025 and has been I'n judicial Custody for the Past 134 days. After completion of the investigation, the charge sheet was filed and numbered as N.S.C. No.404 of 2025, which is pending trial. 9. Considering the period of detention undergone by the Petitioner/Accused No.1, the nature and gravity of allegations levelled against the Petitioner, and his alleged role played in the case, this Court is inclined to enlarge the Petitioner/accused No.1 on bail with the following stringent conditions: i. The Petitioner/Accused No.1 shall be enlarged on bail subject to he executing a personal bond for a sum of Dr. YLR, J Crl.P.No.10128 of 2O25 Dated O9.10.2025 Rs.50,000/- (Rupees Fifty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned I Additional District & Session Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The petitioner/Accused No.1 shall appear before the learned Trial Court on each and every adjournment. iii. The petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court concerned. iv. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.1 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. SD/-I. SRINIVASA RAO 10. Accordingly, the Criminal Petition is allowed. I lTF?.tlE COPY I I ASSISTANT REGISTRAR SECTION OFFICER To, 1. The I Additional District and Sessions Judge-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Station House Officer, V.Madugula Police Station, Visakhapatnam District. 3. The Superintendent, Central Prison, Visakhapatnam. 4. One CC to Sri Gollapalli Malleswara Rao, Advocate [OPUC] 5. Two CCs Public Prosecutor, A.P. High Court, Amaravati [OUT] 6. Onesparecopy |)> u1 t^ I __\ HIGH COURT Dr.YLR,J DATED:09/10/2025 ORDER CRLP.No.10128 of 2025 ALLOWED