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2026 DAILYLAW 12639 (AP)

Visweshwaraiah Ravi Kumar v. The State of Andhra Pradesh

CRLP/8490/2026 · 2026-10-06

Y Lakshmana Rao

body2026

Judgment text

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APHC010503992026 IN THE HIGH COURT OF ANDHRA PRAD AT AMARAVATI / o so- UO’ ♦ •k WEDNESDAY, THE DAY OF OCTOBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8490 OF 2026 Between: Visweshwaraiah Ravi Kumar, S/o Visweshwaraiah, Aged 36 years, R/o House No. 1, IV th Cross, Shrushruthi Layout, Basapura, Hosa Road, Bangalore, State of Karnataka. ^ ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court . of Andhra Pradesh at Amaravati?" ...Respondent/Complainant Petition under Sections 480 & 483 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 Petitioner/Accused. No. 1on bail in Crime No. 252 of 2026 on the file of the Kancharapalem Police Station. 5. .r; The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and the arguments of Sri DASARI RAMAKOTESWAR RAO, Advocate for the Petitioner and of Public Prosecutor for the Respondent No,1 ,^ahe Court made the following: sT' ^ ■ •V ^ S':, .?v ■. i. 2 Dr.YLR.J Crl..PNo.8490 of 2026 Dated 07.10.2026 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 Petitioner/Accused No.1 on bail in Crime No.252 of 2026 of Kancharapalem Police Station, Visakhapatnam Commissionerate District, registered for the alleged offences punishable under Section 20(b)(ii)(B) read with 8(c) read with of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Sri D.Ramakoteswara Rao, the learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence. He 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. He is a law-abiding citizen. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor 2. 3. 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 3 DrYLR.J Crl.RNo.8490 of 2026 Dated 07.10.2026 ongoing investigation and evading the process of law and urged to dismiss the Petition. Heard the learned counsel for the Petitioner and the learned Assistant 4. Public Prosecutor. Perused the record. 5. On perusal of the record, the petitioner was arrested on the spot. He is arraigned as Accused No.1. There are no adverse antecedents reported against the petitioner. The petitioner was apprehended on 21.08.2026. He has been in judicial custody for the past 47 days. He was allegedly found in possession of and transporting of 7.3 Kgs. of ganja. The seized contraband is not a commercial quantity. So far, five witnesses have been examined, and they are all official and material witnesses. The petitioner is a permanent resident of Bangalore, State of Karnataka and has got fixed abode. If the petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his absconding, threatening the witnesses, tampering with the evidence or hampering the further course of investigation. No application seeking custodial interrogation of the petitioner has been filed. 6. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner, this Court is inclined to enlarge the Petitioner/Accused No.6 on bail, subject to certain stringentconditions. In the result, the Criminal Petition is allowed with the following stringent 7. 8. conditions: 4 Dr.YLR,^ Crl.RNo.8490 of 2026 Dated 07.10.2026 i. The Petitioner/Accused No.1 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 for the like sum each to the satisfaction of the learned VII Additional Chief Judicial Magistrate-cum-Additional Civil Judge (Senior Division) Court, Visakhapatnam. ii. The Petitioner/Accused No.1 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 Petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence while on bail. V. The Petitioner/Accused No.1 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.1 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as % 5 Dr. YLR,J CrI RNo.8490 of 2026 Dated 07.10.2026 to dissuade him/her from disclosing such facts to the Court. vii. The Petitioner/Accused No.1 shall surrender his passport, if any. to the Investigating Officer. If he claims that he does not have passport, he shall submit affidavit to that effect to the Investigating Officer. SDI- CH.R.N.SAROJINI ASSISTANT REGISTRAR 4^ SECTION OFFICER //TRUE COPY// To, 1. The VII Additional Chief Jgadal Magistrate cum Additional Civil Judge (Senror Division) Cpur|at Visakhapatnam 2. The Superintendent, Central Prison 3. The Station House ^ Visakhapatnam Commissionerate. 4. One CC to SRI. DASARI RAMAKOTESWAR 5. Two CCs to Public Prosecutor, 6. One spare copy Visakhapatnam Officer, Kancharapalem Police Station, RAO Advocate [OPUC] High Court of AP [OUT] HIGH COURT •! DR.YLR.J DATED:07/10/2026 BAIL ORDER CRLP NO. 8490 OF 2026 ALLOWED % #■