IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER>v TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10795 & 10796 OF 2025 CRLP.No.10795 of 2025: Between: Chintala Bhupathi, son of Narasimha Rao, aged about 41 years, Near Government Hospital, Padurupalli, Nellore Rural Mandal, SPSR Nellore District. ...Petitioner/ Accused No.3 AND The State of Andhra Pradesh, represented by its Public Prosecutor, High Court at Amaravathi, through Station House Officer, Nakkapalli Police Station. ...Respondent/ Complainant Petition under Sections 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to granting regular bail to the petitioner/Accused No.3 in connection with Cr.No.351 of 2025 of Vedayapalem Police Station, by enlarging the Petitioner/Accused No.3 on any terms and conditions as pleased to consider by this Hon'ble Court; I The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the argumentsof Sri Sudheer Kumar Attaluri, Advocate for the Petitioner and Public Prosecutor for the Respondent; CRLP NO: 10796 OF 2025: Between: Arava Surendra @ Veeraiaah Surendra, Son of Veeraiah, aged about 36 years, Dorathopu Colony Mile Mypadu Road Nellore Rural Mandal SPSR Nellore District. f ...Petitioner/ r: Accused No.2 AND The State of Andhra Pradesh, represented by its Special Public Prosecutor, High Court at Amaravathi, through Station House Officer, Nakkapalli Police Station. f- ...Respondent/ Complainant Petition under Sections 480 & 483 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to granting regular bail to the petitioner/Accused No.2 in connection with Cr.No.351 of 2025 of Vedayapalem Police Station, by enlarging the Petitioner/Accused No.2 on any terms and conditions as pleased to consider by this Honble Court; The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri Sudheer Kumar Attaluri, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following; I COMMON ORDER: f i These Criminal Petitions have 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.2 & 3 on bail in Crime.No.351 of 2025 of Vedayapalem Police Station, SPSR Nellore District, registered against the petitioners/Accused Nos.2 & 3 herein for the offences punishable under Section 8(c) read with Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). These two criminal petitions are heard and disposed of by this common order as the crime in these two cases are one and the same. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. The petitioners/accused Nos.2 & 3 were arrested on 24.08.2025. They have been in judicial custody for the past 61 days. The allegation against the petitioners is that they were indulged in dealing with 19.47 grams of ganja with the aid of other accused. Learned counsel for the petitioner submits that this Court in Crl.P.No.10319 of 2025 on 16.10.2025 enlarged accused No.1 on bail with certain stringent conditions. The learned Assistant Public Prosecutor submits that the petitioners were spot arrested. It is submitted that there are adverse criminal antecedents reported against the petitioners. However, there are no similar adverse antecedents reported against the petitioners. The petitioners are presumed to be innocent until the guilt is proved. The Hon’bie Apex Court in Prabhakar Tiwari v. State of U.P. and others\ has categorically held that criminal antecedents should not be taken into consideration while considering an application for grant of bail. The 2. 3. 4. X- fi'.'fe- B. ‘ 2020 (11) see 648 y 0 petitioner/accused No.2 is a permanent resident of Dorathopu Colony, 4*” Mile, Mypadu Road, Nellore Rural Mandal, SPSR Nellore District and petitioner/accused No.3 is a permanent resident of Padurupalli, Nellore Rural Mandal, SPSR Nellore District. They have got fixed abode and if they are enlarged on bail with certain stringent conditions they may not evade from the process of law. The possibility of the petitioners/accused Nos.2 & 3 threatening the witnesses or tampering of evidence or hampering of investigation does not arise, inasmuch as four witnesses are examined and they are all material witnesses and material portion of the investigation insofar as alleged role of the petitioners concerned is completed. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accu sed Nos.2 and 3, this Court Is inclined to enlarge the Petitioners/Accused Nos.2 and 3 on bail with the following stringent conditions: i.The Petitioners/Accused Nos.2 and 3 shall be enlarged on bail subject to them executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with three sureties for the like sum each to the satisfaction of the Learned V Additional Judicial Magistrate of First Class, Nellore. The Petitioners/Accused Nos.2 and 3 shall appear before the Station House Officer concerned, on every Monday and Saturday in between 10:00 am and 05:00 pm, till cognizance of offence is taken by the Court concerned. i 5. ii. i: iii. The Petitioners/Accused Nos.2 and 3 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The Petitioners/Accused Nos.2 and 3 shall not commit or indulge in commission of any offence in future. The Petitioners/Accused Nos.2 and 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. The Petitioners/Accused Nos.2 and 3 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. iv. V. Vi. 6. In the result, these Criminal Petitions are allowed. If any of the conditions mentioned in Clauses (ii) to (Iv) of Para 5 of this order are violated, the Investigating Officer shall file a petition for cancellation of the bail granted to the petitioners and the petition would be disposed of on merits as regular. Sd/- G.Hela Naidu DEPUTY REGISTRAR //TRUE COPY// SECTIO^FFICER & To, 1. The I Additional District and Sessions Judge, Nellore. The Superintendent, Central Prison, Nellore City. The Learned V Additional Judicial Magistrate of First Class, Nellore The Station House Officer, Vedayapalem Police Station, Nellore City One CC to Sri. Sudheer Kumar Attaluri, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy 2. 3. 4. 5. 6. 7. Note: The name of the satisfaction court is corrected as per Court’s order dated 31/10/2025 in IA.No.2 & 1 of 2025 in CRLP.No.10795 & 10796 of 2025. Substitute this amended order in the place of earlier order which was dispatched on 28/10/2025. Sd/- G.Hela Naidu DEPUTY REGISTRAR ti HIGH COURT fe Dr.YLR,J r DATED:27/10/2025 31/10/2025 (AMENDED) ORDER CRLP.No. 10795 & 10796 of 2025 \ ALLOWED 7 i'