APHC010490832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE 24th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8267/2026 Between: 1. KANDREGALA SURYA PRAKASH, S/O NAGESWARA RAO, AGED 24 YEARS,OCC BUSINESS TEA SHOP OWNER BY OCCUPATION, R/O GANGAMPALEMVILLAGE GOKAVARAM MANDAL KAKINADA DISTRICT. A-2 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradeshat Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KOPPISETTI PARVATI DEVI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: 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.2 on bail in Crime No.59 of 2026 of Narsipatnam Rural Police Station, Anakapalli District, registered for 2 the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mrs.Kopisetti Parvathi Devi, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. He is law-abiding citizen. He is the sole breadwinner of the family. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice. 3. Per contra, Mr.A.SaiRohith, 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. In view of the foregoing submissions, it is urged that the petition be dismissed. 4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, the petitioner was taken into judicial custody on 16.08.2026. Thus, he has been in incarceration for the past 40 days. The petitioner is shown as Accused No.2. The petitioner is permanent 3 resident of Kakinada District. He has got fixed above. Material portion of the investigation is completed. The seized contraband is not of commercial quantity. It is only 7.480 Kgs. of Ganja. 6. The petitioner has got one similar adverse antecedent. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh1 at para No.7, observed that criminal antecedents or similar adverse antecedents cannot be the sole basis for refusal of bail. 7. Having regard to the facts and circumstances of the case, gravity of nature of allegations levelled against the petitioner, this Court is inclined to enlarge the petitioners/Accused No.2 on bail with stringent conditions. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.2 shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Narsipatnam. ii. The Petitioner/Accused No.2 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. 1 (2020) 11 SCC 648 4 iii. The Petitioner/Accused No.2 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 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.2 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.2 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.2 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 to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24.09.2026 BMS