Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 12517 (AP)

Tale Katesh Rap alias Kotibabu v. The State of Andhra Pradesh

CRLP/7680/2026 · 2026-10-08

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

-o ,o w ■t: ■;.3 C APHC010460382026 rs IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY. THE 9*^ DAY OF OCTOBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7680 OF 2026 Between: 1. Tale Katesh Rap alias Kotibabu, S/o Late Anibirda Paparmetla.Chitrakdhda-Mandal, state Bajjaya, Age 22 years, R/o Malkangiri District, Odisha 2. Padiami Bachel, S/o Balanna PadaimiAge 46 years, R/o Kancharapitta Village, Rollagedda Panchayat, Chitrakonda Mandal, Odisha State A ■ ...Petitioners/Accused No.4&5 mb The State of Andhra PradesH.Hhrough Station Police Station, VisakhapatnaWlf^ Rep. by Public at Amaravati. House Officer, Koyyuru Prosecutor, High Court w ...Respondent Petition under Sections 480 &^48^ of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition. the-'High Court may be pleased to release the Petitioners/Accused No. 4 & 5 ori^oar |n connection with Crime No. 26 of 2026 of Koyyuru Police Station, Visakhapatnam. The petition coming on for fSeaniig, upon perusing the Petition memorandum of grounds filed in^ffipport thereof and the RAMINENI SUDHEER, Advocate for for the Respondent, the Court and the arguments of Sri or the Petitioners and of Public Prosecutor made the following; • 2 Dr. YLR,J Crl..PNo.7680 of 2026 Dated 09.10.2026 A 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.4&5 on bail in Crime No.26 of 2026 of Koyyuru Police Station, Alluri Sitharama Raju District, registered for the alleged offences punishable under Sections 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.Ramineni Sudheer, the learned Counsel for the Petitioners submits that the Petitioners are innocent of the alleged offence. 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. The Petitioners undertake 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 Petitioners, submitting that the investigation is still underway and several material witnesses remain to "be examined. It is contended that if the Petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering 3 Dr.YLR.J Crl.PNo.7mO of 2026 Dated 09.10.2026 the ongoing investigation and evading the process of law and urged to dismiss the Petition. 4. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the petitioners are arraigned as Accused Nos.4 & 5. The petitioners were arrested on 11.04.2026 and have been in judicial custody for the past 181 days. The petitioners are alleged to have been involved in dealing with 69.600 kgs. of Ganja. Substantial part of the investigation with regard to the alleged role attributed to the petitioners has been completed. However, the charge sheet has not yet been filed, even after expiry of the statutory period of 180 days. The prosecution has not filed any application seeking extension of the period of remand of the petitioners. There are no adverse antecedents reported against the petitioners. 6. The petitioners are the permanent resident of the State of Odisha and have got fixed abode. If the petitioners are enlarged on bail subject to stringent conditions, there is no likelihood of their absconding, threatening the witnesses, tampering with the evidence or hampering the further course of investigation. Having regard to the facts and circumstances of the case, the nature- and gravity of the allegations levelled against the petitioners, the period of incarceration undergone by them and the stage of investigation, this Court is inclined to enlarge the Petitioners/Accused Nos.4 & 5 on bail, subject to certain stringent conditions. 7. 4 Dr.YLR,J Crl..PNo.7680 of 2026 Dated 09.10.2026 In the result, the Criminal Petition is allowed with the following stringent 8. conditions: i. The Petitioners/Accused Nos.4 & 5 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 two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate at Chintapalli, at Visakhapatnam. ii. The Petitioners/Accused Nos.4 & 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 Petitioners/Accused Nos.4 & 5 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.4 & 5 shall not commit or indulge in commission of any offence while on bail. V. The Petitioners/Accused Nos.4 & 5 shall cooperate with the Investigating Officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required. r/ 5 Dr.YLRJ Crl..PNo.7680 of 2026 Dated 09.10.2026 i. The Petitioners/Accused Nos.4 & 5 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as dissuade him/her from disclosing such facts to the Court, vii. The Petitioners/Accused Nos.4 & 5 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. VI to i ■I -■ SD/- N.SRINIVASA RAO ASSISTANT REGISTRAR SECTION oScER //TRUE COPY// i To, First Class Magistrate at Chintapalli at Visakhapatnam S^essions Judge-Special Judge for Trial of j 1. The Judicial 2. The I Additional District Offences under NDPS Act; Visakhapatnam 3. The Superintendent, Central Jail, Visakhapatnam 4. The Station House Officer, Police Station Koyyuru Visakhapatnam 5. One CC to SRI. RAMINENI SUDHEER Advocate [OPUC] Public Prosdcufot'rHigh Court of AP [OUT] /' / 6. Two CCs to 7. One spare copy HIGH COURT DR.YLR,J DATED:09/10/2026 BAIL ORDER i \ PRLP NO. 7680 OF 2026 .'fs-: f-. % ■ . - '■ f A ■ rc? /.-y ALLOWED • i) '■\ ..r {