) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA'tI FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10935 OF 2025 7 yy w :~rm ci'i j it. ' > / »'■ H. T', ■U -fc- V k ‘r- # .•V' Between: Donaka Anil Kumar @ Anil (Late) Prasada Rao, Aged 34 years, R/0 D.No.8- 41, New Colony, Kurupam Village Mandal, Manyam District. ...Petitioner/A-5 AND The State of A.P, Rep by its Public Prosecutor, Through the SHO, NunnaPS NTR District, High Court of Andhra Pradesh at Amravati. ) ...Respondent/Complainant Petition under Sections 480 & 483 of BNSS, 2023 (under sections 437 and 439 of Cr.P.C., 1973), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner/Accused No.5 on bail in FIR No.306 of 2023 of Nunna Police Station, NTR District on 12-07-2023 on the terms and conditions as the Court may deem fit and proper in the facts and circumstances of the case. Counsel for the Petitioner : Sri Pangi Raju Babu Counsel for the Respondent : Assistant Public Prosecutor The Court made the following 2 Dr. YLR, J a Crl.P.No.l0935 of2025 Dated 31.10.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the petitioner/Accu sed No.5 on bail in Crime.No.306 of 2023 of Nunna Police Station, NTR District registered against the petitioner/Accused No.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’). 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the allegation against the petitioner/Accused No.5 is that he was allegedly indulged in dealing with 3.260 KGs of ganja, which is not a commercial quantity. The petitioner was arrested on 11.10.2025. He has been in the judicial custody for the past 21 days. After thorough investigation, the charge sheet has been filed in this case. The petitioner was not spot arrested. His alleged role has come into light based on the confession of other accused. The 3 r Dr. YLRJ Crl.P.No.l0935 of2025 Dated 31.10.2025 petitioner is a permanent resident of Kurupam Village and Mandal Manyam District. He has got fixed abode. If the petitioner/Accused No.5 enlarged on bail with some stringent conditions, he may not evade the process of law. The learned Assistant Public Prosecutor submits that there is one similar criminal adverse antecedent reported against the petitioner/Accused No.5 for the offence punishable under ‘the NDPS Act’. 4. Be that as it may, the petitioner/Accused No.5 is presumed to be innocent until proven guilty. In Prabhakar Tiwari v. State of U.P. and others\ the Hon'ble Apex Court has categorically held that antecedents should not be taken into consideration while considering the application for grant of bail. criminal 5. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused No.5, this Court is inclined to enlarge the petitioner/Accused with the following stringent conditions; No.5 on bail i. The petitioner/Accused No.5 shall be enlarged bail subject to he executing a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with two on 2020(11)see 648 4 Dr. YLR, j Crl.P.No.l0935 of2025 Dated 31.10.2025 sureties for the like sum each to the satisfaction of the learned VI Additional Judicial Magistrate Court at I Vijayawada. ii. The petitioner/Accused No.5 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The petitioner/Accused No.5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused No.5 shall not commit or indulge in commission of any offence in future. V. The petitioner/Accused No.5 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. vi. The Petitioner/Accused No.5 shall cooperate with the investigating officer in further investigation of the 5 Dr. YLR, J Crl.P.No.l0935 of2025 Dated 31.10.2025 case and shall make himself available for interrogation by the investigating officer as and when required. 6. In the result, the Criminal Petition is allowed. SOI- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The VI Additional Judicial Magistrate Court at Vijayawada. The Superintendent, District Jail, Vijayawada. The Station House Officer, Nunna Police Station, NTR District. One CC to Sri Pangi Raju Babu, Advocate [OPUC] Two CCs Public Prosecutor, A.P. High Court, Amaravati [OUT] One spare copy 2. 3. 4. 5. 6. cvss A > I I HIGH COURT 1 Dr.YLRJ DATED:31/10/2025 BAIL ORDER CRLP.No.10935 of 2025 ALLOWED