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2026 DAILYLAW 10878 (AP)

Dandu Phani Veera Bhadra Varma v. The State of Andhra Pradesh

CRLP/5927/2026 · 2026-09-20

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(: -V '■•sn APHC010367812026 IN THE HIGH COURT OF AN^offRjlteii^&fs AT AMARAVATI SH 0H0 *. 0 MONDAY, THE 21 DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5927 OF 2026 Between: Dandu Phani Veera Bhadra Varma, S/o.Srinivasa Raju, Age 31 years,Undi village and Mandal, West Godavari District. ...Petitioner/Accused No.6 , AND The State of Andhra Pradesh, Rep. by its Special Public Prosecutor for NDPS Cases, Through the Station House Officer,Gurthedu Police Station, Alluri Sitharama Raju District. i. ...Respondent Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 • ,? ■ BNSS, 2023) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be Pleased to release the Petitioner/A5 on bail in connection with Crime No. 6/2026 of Gurthedu P.S for offences punishable under Section 8(c) r/w Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 -■ r of I COUNSEL FOR THE PETITIONER ; MS. VENKATA LAKSHMI GAYATRI YANAMANDRA COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR i, THE COURT MADE THE FOLLOWING ORDER 2 ss ORDER: Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking enlarge the Petitioner/Accused No.5 Gurthedu Police Station, Polavaram District to on bail in Crime No.06 of 2026 of 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. Mr.Venkata Lakshmi Gayatri Yanamandra, learned Counsel for Petitioner, submits that the Petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore incarceration would cause undue hardship to his dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition. the his 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. T 3 Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. On perusal of the record, the Petitioner is arraigned as Accused No.5 in this case. The Petitioner was arrested on the spot while transporting 22 kilograms of ganja in a car illegally. There are no similar adverse antecedents reported against the Petitioner. Out of six accused persons, four have been arrested. The Petitioner was arrested on 25.03.2026 and has been in judicial custody for the past 182 days. No application seeking extension of judicial custody has been filed, and no application has been filed seeking custodial interrogation of the Petitioner. So far, five witnesses have been examined. REL and inventory have also been completed. The charge sheet has not yet been filed. 4. 5. The Petitioner is a permanent resident of Undi Village and Mandal, West Godavari District. He has got fixed abode. If the Petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his interfering with the investigation, threatening witnesses, or tampering with evidence. Considering the facts and circumstances of the case, the nature and gravity of allegations leveled against the Petitioner/Accused No.5, and the period of incarceration undergone by the Petitioner/Accused No.5 beyond statutory period, this Court is inclined to enlarge him on bail with some stringent conditions. 6. 7. \ \ / 4 8. 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 a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Rampachodavaram. 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, vii. The Petitioner/Accused No.5 shall surrender his passport, if any, to the Investigating Officer, if he claims that he does not have passport, he shall submit an affidavit to that effect before the Investigating Officer. SD/-U.SRIDEVI deputy re 3ISTRAR SECTION WtCER I //true copy// To, 1. The Judicial First Class Magistrate at Rampachodavaram 2 The Superintend^!, Central Prison, Rajahmundry Officer, Gurthedu Police Station, Allun S.tharama 3. The Station House Raju District. 4. One CC to MS. VENKATA LAKSHMI Advocate [OPUC] ^ \ gayatri yanamandra prosecutor, High Court of A.PfOUT] 5 Two CCs to PUBLIC R. One spare copy i L. \ i. \ HIGH COURT DR.YLR.J I DATED:21/09/2026 4. BAIL ORDER CRLP NO. 5927 OF 2026 I ALLOWED 7 I, (