APHC010676112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12927 & 13207 OF 2025 CRIMINAL PETITION NO: 12927/2025 Between: Koppi Satti Babu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. ARRABOLU SAI NAVEEN Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 13207/2025 Between: Manaboti Eswara Prasad ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. PANGI RAJU BABU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 The Court made the following: COMMON ORDER: The Criminal Petition Nos.12927 and 13207 of 2025 have 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.2 in Crl.P.No.12927 of 2025 and petitioner/accused No.1 in Crl.P.No.13207 of 2025 on bail in Crime No.556 of 2025 of Patamata Police Station, NTR District, was registered against the Petitioners herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. These two Criminal Petition Nos.12927 and 13207 of 2025 are heard and disposed of by way of this common order, as the petitioners in these two petitions are accused in the same crime. 3. Heard the learned Counsels for the Petitioners and the learned Assistant Public Prosecutor. 4. The petitioners/accused Nos.1 and 2 were arrested on the spot along with contraband while they were allegedly in possession and transportation of 16 kgs of ganja. Nevertheless it is not a commercial quantity. The learned Assistant Public Prosecutor submits that there are two adverse criminal antecedents against the petitioner/accused No.2 in Crl.P.No.12929 of 2025. One is of similar in nature vide Crime No.77 of 2023. 3 5. Mere pendency of criminal cases against the petitioners is not a sole ground to refuse to grant bail, inasmuch as the petitioners are presumed to be innocent till the guilt is proved. In Prabhakar Tiwari v. State of U.P. and others 1 , the Hon’ble Apex Court has categorically held that criminal antecedents should not be taken into consideration while considering an application for grant of bail. So far seven witnesses are examined, all of them are material and official witnesses. Therefore, the possibility of the petitioners threatening the official witnesses, tampering with evidence, or hampering the investigation may not arise. No petition seeking for custodial interrogation was filed by the police before the learned Court below concerned. Substantial portion of the alleged investigation in so far the involvements of the petitioners concerned is completed. The petitioners/accused Nos.1 and 2 were arrested on 07.11.2025. They have been in judicial custody for the past 51 days. The petitioners are permanent resident of Andhra Pradesh State. They have got fixed abode. Even if conditions are imposed, there is no likelihood of their absconding or evading the process of law. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused Nos.1 and 2, this Court is inclined to enlarge the Petitioner/Accused No.2 in Crl.P.No.12927 of 2025 and petitioner/accused No.1 in Crl.P.No.13207 of 2025 on bail. 1 2020 (11) SCC 648 4 7. In the result, the Criminal Petition Nos.12927 of 2025 & 13207 of 2025 are allowed by granting bail to the Petitioner/Accused No.2 in Crl.P.No.12927 of 2025 and Petitioner/Accused No.1 in Crl.P.No.13207 of 2025 with the following stringent conditions: i. The Petitioner/Accused No.2 in Crl.P.No.12927 of 2025 and Petitioner/Accused No.1 in Crl.P.No.13207 of 2025 shall be enlarged on bail subject to they executing bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for the like sum each to the satisfaction of the learned IV Additional Chief Judicial Magistrate, Vijayawada. ii. The Petitioner/Accused No.2 in Crl.P.No.12927 of 2025 and Petitioner/Accused No.1 in Crl.P.No.13207 of 2025 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioner/Accused No.2 in Crl.P.No.12927 of 2025 and Petitioner/Accused No.1 in Crl.P.No.13207 of 2025 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.2 in Crl.P.No.12927 of 2025 and Petitioner/Accused No.1 in Crl.P.No.13207 of 2025 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.2 in Crl.P.No.12927 of 2025 and Petitioner/Accused No.1 in Crl.P.No.13207 of 2025 shall cooperate with the investigating officer in further investigation of 5 the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. The Petitioner/Accused No.2 in Crl.P.No.12927 of 2025 and Petitioner/Accused No.1 in Crl.P.No.13207 of 2025 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. vii. The Petitioner/Accused No.2 in Crl.P.No.12927 of 2025 and Petitioner/Accused No.1 in Crl.P.No.13207 of 2025 shall surrender their passports, if any, to the investigating officer. If they claim that they does not have passports, they shall submit an affidavits to that effect to the Investigating Officer. 8. If it is reported that the petitioners are indulged in commission of any offence, the Investigating Officer is at liberty to approach this Court seeking cancellation of the bail granted to the petitioners. ________________________ Dr.Y. LAKSHMANA RAO, J. Date:29.12.2025, S D P 6 HONOURABLE Dr.JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION NOS: 12927 and 13207 of 2025 DATE: 29.12.2025 S D P