IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ‘ of .X VI'V. jr ( •A MONDAY, THE TWENTY NINTH DAY OF DECEMBER, m TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13149 OF 2025 'I: V. ' V Tv ./ ' Between: Potnuru Koushik, S/o. Narayana Rao, Aged about 21 years, R/o D.No. 7-7-11/1, Chettivanipalem, Autonagar, Gajuwaka, Visakhapatnam District. ...Petitioner/Accused No.5 AND The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravati, Through SHO, Maharanipeta Police Station, Visakhapatnam. ...Respondent/Complainant f^etition under Section 480 & 483 of BNSS Act & 437 & 439 of Cr.P.C, 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 enlarge the petitioner/Accused No.5 on bail in Crime No. 107/2025 of Maharanipeta Police Station, Visakhapatnam, for the offences under Sections 20(b)(ii)(C), r/w 8(c) of the NDPS Act, on such terms and conditions as this Hon'ble Court deem fit and proper, in the interest of justice. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Appa Rao Kothuru, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following may .4 \ 1 APHC010680442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITION NO: 13149/909^ [3521] RAO Between: Potnum Koushik ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Potitioner/accused: 1.APPA RAO KOTHURU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: ...RESPONDENT/COMPLAINANT 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 Petitioner/Accused No.5 on bail in Crime No. 107 of 2025 of Maharanipeta Poiice Station, Visakhapatnam Commissionerate , registered punishable under Drugs and Psychotropic against the Petitioner/Accused No.5 herein for the offences Sections 20(b)(ii)(C) read with 8(c) of the Narcotic Substances Act, 1985 (for brevity ‘the NDPS Act’) 2 2. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. As seen from the record, this Court, in CrI.P.No.10861 of 2025 dated 3. 27.11.2025, enlarged Accused No.3 on bail. Similarly, Accused No.1 was enlarged on bail by this Court in CrI.P.No.11782 of 2025 dated 18.12.2025, and Accused No.4 was enlarged on bail in CrI.P.No.11696 of 2025 dated 05.12.2025. The petitioner herein is Accused No.5 in the case. He is a National Hockey Player and he is an impressionable age of 21 years. He is a permanent resident of Chettivanipalem, Autonagar, Gajuwaka, Visakhapatnam District. He has got fixed abode. The petitioner was arrested on 30.07.2025. He has been in the judicial custody for the past 152 days. There are no adverse antecedents reported against the petitioner. So far, fourteeri witnesses are examined. Substantial portion of the investigation is completed with regard to the alleged role played by the petitioner. Indeed, 1.5 kg of liquid ganja was found in the possession of Accused No.3, but not in the possession of the Petitioner/Accused No.5. Except for the confession of the co-accused, no substantial material is available. 4. In this context, it is apposite to refer the judgment of the Hon’ble Apex Court in P. Krishna Mohan Reddy v. State of Andhra Pradesh\ at Para No.53 (iv) it is held as under: From the above exposition of law, the following emerges: (iv) Where such police statement of an accused is confessional statement, the rigour of Sectlon(s) 25 and 26 respectively will apply with all its vigour. A confessional statement of an accused will only be admissible if it is not hit 53. ^2025 see Online SC 1157 3 by Section(s) 24 or 25 respectively and is in tune with the provisions of Section(s) 26, 28 and 29 of the Evidence Act respectively. In other words, a police statement of an accused which is in the form of a confession is per se inadmissible and no reliance whatsoever can be placed on such statements either at the stage of bail or during trial. Since such confessional statements are rendered Inadmissible by virtue of Section 25 of the Evidence Act, the provision of Section 30 would be of no avail, and no reliance can be placed on such confessional statement of an accused to implicate another co-accused." 5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.5, this Court is inclined to enlarge the Petitioner/Accused No.5 on bail. 6. In the result, the Criminal Petition is allowed with the following stringent conditions; i. The Petitioner/Accused No.5 shall be enlarged on bail subject to him executing bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties for the like sum to the satisfaction of the learned II Additional Chief Judicial Magistrate, Visakhapatnam. 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 cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required, vi. 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 or to any police officer. SDI- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// ICER SECTION To, 1. The II Additional Chief Judicial Magistrate, Visakhapatnam. 2. The Metropolitan Sessions Judge cum I Additional District and Sessions Judge for Trial of Offences under NDPS Act, Visakhapatnam. 3. The Superintendent, Central Prison, Visakhapatnam. 4. The ''i Station House Visakhapatnam. 5. One CC to Sri Appa Rao Kothuru, Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, Amaravati.[OUT] Officer, Maharanipeta Police Station High Court of A.P. 7. One spare copy. PSD i' HIGH COURT DR.YLR.J DATE ;29/12/2025 BAIL ORDER l! CRLP.No.13149 of 2025 ALLOWED a I m 2® =<5 ml fo jwm