APHC010481802026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 21st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8123/2026 Between: VISWANATH, ,S/O. MURALAI, AGED ABOUT 38 YEARS,R/O. MUDISADANAPALLI, HOSUR,KRISHNAGIRI DISTRICT, TAMIL NADU STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, ,Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.8123 of 2026 Dated 21.09.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused on bail in Crime No.30 of 2026 of Government Railway Police Station, Nellore District, registered for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Sri G.Maheswara Rao, the learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence. He has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. He is a law-abiding citizen. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition. 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law and urged to dismiss the Petition. 3 Dr.YLR,J Crl.P.No.8123 of 2026 Dated 21.09.2026 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the petitioner is arraigned as Accused. The petitioner was arrested on 04.03.2026 and has been in judicial custody for the past 201 days. The allegation against the petitioner is that he was involved in dealing with 12.5 Kgs of ganja, which is not a commercial quantity. Substantial part of the investigation with regard to the alleged role attributed to the petitioner has been completed. However, the charge sheet has not yet been filed even after expiry of the statutory period of 180 days. 6. The petitioner is a permanent resident of the State of Tamil Nadu and has got fixed abode. If the petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his absconding, threatening the witnesses, tampering with the evidence or hampering the further course of investigation. No application seeking custodial interrogation of the petitioner has been filed, and the period for filing such an application has also expired. Further, no application seeking extension of the period of judicial custody has been filed. There are no adverse antecedents reported against the petitioner. 7. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner, the period of incarceration undergone by him and the stage of investigation, this Court is inclined to enlarge the petitioner/Accused on bail, subject to certain stringent conditions. 4 Dr.YLR,J Crl.P.No.8123 of 2026 Dated 21.09.2026 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The petitioner/Accused shall be enlarged on bail subject to his executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class, Special Railway Court, Nellore, SPSR Nellore District. ii. The petitioner/Accused 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 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The petitioner/Accused shall not commit or indulge in commission of any offence while on bail. v. The petitioner/Accused 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 shall not, directly or indirectly, make any inducement, threat or promise to any person 5 Dr.YLR,J Crl.P.No.8123 of 2026 Dated 21.09.2026 acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. vii. The petitioner/Accused shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have passport, he shall submit affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 21.09.2026 RSI 6 Dr.YLR,J Crl.P.No.8123 of 2026 Dated 21.09.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8123 of 2026 Date: 21.09.2026 RSI