APHC010210782026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3188/2026 Between: 1. SIVARAJ SATISH KUMAR, S/O SIVARAJ, AGED ABOUT 32 YEARS, R/O SAMALAPURAMVILLAGE, TIRUPPUR DISTRICT, STATE OF TAMILNADU. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTION, HIGHCOURT OF ANDHRA PRADESH, HIGH COURT BUILDING AT NELAPADU, GUNTUR DISTRICT,ANDHRA PRADESH. SHO, GUDLURU POLICE STATION, PRAKASAM DISTRICT ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to grant bail to the petitioner/accused No. 2 in connection with Crime No. 32/2026 dated 16.03.2026 on the file of the Gudluru Police Station, Prakasam District, Andhra Pradesh and pass Counsel for the Petitioner/accused: 1. CHETAN PONNURU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3188/2026 ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused No.2, seeking regular bail, in Crime No. 32/2026 dated 16.03.2026 on the file of the Gudluru Police Station, Prakasam District, registered for the offence punishable under Sections 106(1), 125(a) of Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. The prosecution case, in brief, is that on 16.03.2026 at about 12:00 hours, the Sub-Inspector of Police, Gudluru Police Station, acting on credible information, reached Veerepalli Cross Road and apprehended a suspect who attempted to flee on seeing the police. Upon enquiry, the accused revealed that he, along with three associates, had been transporting ganja from Orissa to Chennai in a car. During the journey, their vehicle, driven in a rash and negligent manner, collided with an auto bearing No. AP 26 TL 2750, causing it to overturn. Following the accident, the accused and his associates collected the ganja packets from the car, abandoned the vehicle, concealed the contraband in nearby bushes, and fled to their native places. The accused later returned to retrieve the hidden ganja, at which point he was apprehended. Subsequently, the Inspector of Police, in the presence of 3 mediators and the MRO, arrested A.3 at about 16:30 hours on the same day and seized 19 kilograms of ganja. 3. Heard Sri Chetan Ponnuru, learned counsel for the petitioner and Mrs.K. Priyanka Lakshmi, learned Assistant Public Prosecutor appearing on behalf of the State. 4. Learned counsel for the petitioner would submit that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution. He was falsely implicated in this case. The petitioner has been in judicial custody since 03.03.2026. The investigation might have been completed by this time. No contraband was seized from the possession of the petitioner. Basing on the confession statement of the Accused No.3., the petitioner was arrayed as Accused No. 2. Learned counsel for the petitioner would submit that the petitioner is ready to furnish sureties to the satisfaction of the Court and finally prays to grant bail to the petitioner. 5. Learned Assistant Public Prosecutor vehemently opposed the petition and submitted that the contraband involved in the present case is a non- commercial quantity of 19 kilograms of Ganja and that the petitioner has been in judicial custody since 03.03.2026. She would further submit that the statutory period has not yet been completed. Investigation is still pending and charge sheet is also not filed. Learned Assistant Public Prosecutor finally prays for dismissal of the petition. 4 6. Considering the submissions and a fair look on the material placed before this Court, it is a case involving 19 Kgs of Ganja, which is a non- commercial quantity. Taking into consideration the fact that the investigation is still pending and statutory period is also not yet completed, at this juncture, this Court is not inclined to release the petitioner on bail. 7. In view of the aforesaid facts and circumstances of the case, the request of the petitioner cannot be considered at this juncture inasmuch as there are no reasonable grounds to believe that the petitioner has not indulged in the commission of the alleged offence and if the petitioner is released on bail he would not commit similar offence in future. There are no merits in the Criminal Petition for grant of bail to the petitioner. Hence, the Criminal Petition is liable to be dismissed. 8. Accordingly, the Criminal Petition is dismissed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 28.04.2026. UPS 5 21 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3188/2026 Dt.28.04.2026 UPS