APHC010476432026 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: 8014/2026 Between: 1. BULIPE AJAY KUMAR ALIAS AJAY, S/O VENKATESH, A/20 YEARS, NEAR LISWARYAMBIKA TEMPLE, LISWARYA STREET-1, RAMANAYYAPETA, KAKINADARURAL MANDAL, R/O D.NO.5-9, CHILLANGI, JAGAPATHINAGARAM VILLAGE, KIRLAMPUDI MANDAL. 2. ANAPARTHY SIVA SHANKAR ALIAS GONGALI, S/O NAGESWARA RAO A/19 YEARS, R/O D.NO.2-23, BACKSIDE OF LITTLE BIRDS SCHOOL, INDRAPALEM VILLAGE, KAKINADA RURAL MANDAL. R/O D.NO.10-172, SAI NAGAR, GANGANAPALLI, KAKINADA RURAL MANDAL. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep. by its public prosecutor. High Court at Amaravathi, A.P. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): BALA KRISHNA V Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.8014 of 2026 Dated 24.09.2026 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 Petitioners/Accused Nos.1 and 2 on bail in Crime No.428 of 2025 of Sarpavaram Police Station, Kakinada District, registered against the Petitioners/Accused Nos.1 and 2 herein for the 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.V.Bala Krishna, the learned counsel for the petitioners, submits that the petitioners are innocent of the alleged offence and they have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. They are law-abiding citizens. 3. The learned counsel for the petitioners further submits that the petitioners were arrested on 01.11.2025 and have been in judicial custody for the past 327 days. The charge sheet has already been filed. The petitioners undertake 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 Dr.YLR,J Crl.P.No.8014 of 2026 Dated 24.09.2026 4. Per contra, Mr. A. Sai Rohith, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the petitioners and submitted that, though the charge sheet has already been filed, the accusations against the petitioners are well founded. There is one similar adverse antecedent reported against the petitioner/Accused No.1 and six similar adverse antecedents reported against the petitioner/Accused No.2. Hence, he prayed that the Criminal Petition be dismissed. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioners were arrested on 01.11.2025 and have been in judicial custody for the past 347 days. The allegation against the petitioners is that they were found in possession of 24.00 Kgs of ganja, which is a commercial quantity. However, after thorough investigation, the charge sheet was filed within the statutory period on 24.09.2026, and the same has been numbered as S.C.No.92 of 2026. There is one similar adverse antecedent reported against the petitioner/Accused No.1 and six similar adverse antecedents reported against the petitioner/Accused No.2. The petitioners are permanent residents of the Kakinada District and they have got fixed abode. It would take considerable time for the learned Trial Court to take up the matter for trial and dispose of the same. Keeping the petitioners in judicial custody for an indefinite period would not serve any useful purpose. If some stringent 4 Dr.YLR,J Crl.P.No.8014 of 2026 Dated 24.09.2026 conditions are imposed while enlarging the petitioners on bail, the interests of justice would be sub-served. 7. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioners/Accused Nos.1 and 2, and the period of their incarceration, this Court is inclined to enlarge the petitioners/Accused Nos.1 and 2 on bail, subject to stringent conditions. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to their executing a bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) each with three sureties each for the like sum each to the satisfaction of the learned Special Mobile Judicial First Class Magistrate Court, Kakinada. ii. The Petitioners/Accused Nos.1 and 2 shall appear before the learned Trial Court on each and every adjournment without fail. iii. The Petitioners/Accused Nos.1 and 2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court concerned. iv. The Petitioners/Accused Nos.1 and 2 shall not commit or indulge in any similar offence while on bail. 5 Dr.YLR,J Crl.P.No.8014 of 2026 Dated 24.09.2026 v. The Petitioners/Accused Nos.1 and 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 Petitioners/Accused Nos.1 and 2 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavits to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24.09.2026 RSI 6 Dr.YLR,J Crl.P.No.8014 of 2026 Dated 24.09.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8014 of 2026 Date: 24.09.2026 RSI