APHC010448942026 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: 7454/2026 Between: 1. MYLAPALLI RAHUL, S/O. YELLARAO, AGED ABOUT 22 YEARS,R/O. SVP NAGAR, KOBBARITHOTA,VISAKHAPATNAM CITY AND DISTRICT, A.P. ...PETITIONER/ACCUSED No.2 AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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.215 of 2026 of Bheemunipatnam Police Station, Visakhapatnam District, registered for the 2 alleged offences punishable under Sections 20(b)(ii)(B), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.Gollapalli Maheswara Rao, learned Counsel for the 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, his 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. 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the Petitioner and submitted that, though the Charge Sheet has already been filed, the accusations against the Petitioner are well‑founded. Hence, it is urged to dismiss the Criminal Petition. 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 No.2 in this case. The allegation against the Petitioner is that he was indulged in dealing with 8 kilograms of ganja illegally. After thorough investigation, the Charge Sheet was filed on 14.08.2026. The Petitioner is at the impressionable age of 22 years. The Petitioner was arrested on 07.07.2026 and has been in judicial custody for the past 76 days. 3 6. Though the learned Assistant Public Prosecutor submits that there is one adverse similar adverse antecedent reported against the Petitioner, it is well‑settled that the Petitioner is presumed innocent until proven guilty. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh1 at para No.7, observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail. 7. The Petitioner is a permanent resident of Visakhapatnam. He has got fixed abode. It will take a considerable length of time for the learned Trial Court to take up the matter and dispose of the same in accordance with law. Until such time, keeping the Petitioner in judicial custody would not serve any purpose. If the Petitioner is enlarged on bail, he would cooperate with the learned Trial Court for the expeditious disposal of the case. 8. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations leveled against the Petitioner/Accused No.2, this Court is inclined to enlarge him on bail, subject to 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.1,00,000/- (Rupees One Lakh Only) with two sureties for the like sum each to the satisfaction of the learned XV Additional Judicial First Class Magistrate, Bheemunipatnam. 1 (2020) 11 SCC 648 4 ii. The Petitioner/Accused No.2 shall appear before the learned Trial Court on each and every adjournment without fail. iii. The Petitioner/Accused No.2 shall not leave the limits of the Andhra Pradesh without prior permission from the learned Trial Court. 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 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. vi. 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. 9. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date:21.09.2026 PRA/VMM 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7454 of 2026 Date:21.09.2026 PRA/VMM