APHC010241412026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3799/2026 Between: 1. UDAN KIRAN KUMAR, S/O. SIVA NARAYANA, AGED 37 YEARS. FLAT NO.411, KANDRIKAAJITH NAGAR, PAYAKARAOPETA, VIJAYAWADA, KRISHNA DISTRICT. 2. PARUCHURI NAGA VENKATA KUMAR, S/O. SUBBARAO, AGED 43 YEARS. NEW COLONY,PAYAKARAOPETA, VIJAYAWADA, KRISHNA DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY THE STATION HOUSE OFFICER, DONAKARAI POLICESTATION, REP THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH,NELAPADU, AMARAVATI, GUNTUR 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 enlarge the petitioners/accused no.6-7 in connection with Crime No.3/2016 on the file of the Donkarai Police Station, East Godavari District for offences punishable u/s. 8(c) r/w 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and pass Counsel for the Petitioner/accused(S): 1. KILARU NITHIN KRISHNA Counsel for the Respondent/complainant: 2 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3799 OF 2026 ORDER: This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the petitioners herein/Accused Nos.6 and 7, seeking regular bail, in Crime No.3 of 2016 on the file of the Donkarai Police Station, East Godavari District, registered for the offences punishable under Sections 8(C) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”). 2. The brief facts of the case are that on receipt of credible information, he rushed to, at Vanakanaka Durga Temple, Donkarai on 27.03.2016 at 2 PM, conducted raid and arrested A3 and A4 while they were transporting 783 Kgs of Ganja. Later, during the course of the investigation, A5 was secured on execution of PT Warrant, as he was arrested in a different crime and taken him into custody on 22.09.2016. Basing on the confession statement of the A5, the petitioners were arrayed as Accused Nos.6 and 7 in the present crime. 3. Heard Sri Kilaru Nithin Krishna, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State. 4. Learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this crime and that they are in no way connected with the commission of the offence. The petitioners have been in 4 judicial custody since 19.03.2026. Learned counsel for the petitioners would further submit that no contraband has been seized from the possession of the petitioners. They were arrayed as Accused Nos.3 and 4 basing on the confession statement of the Accused No.5. Learned counsel would further submit that the Trial went on for the Accused No.5 and the case was ended in acquittal in favour of the Accused No.5. Learned counsel would further submit that on execution of PT warrant, the petitioners were arrested in this matter. Learned counsel further submits that the petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. 5. Learned Assistant Public Prosecutor representing on behalf of the State vehemently opposed the petition and contended that he crime pertains to the year 2016 and that the petitioners had been absconding until their apprehension. She would further submit that the Court may pass appropriate orders. 6. Considering the submissions and upon keen perusal of the material placed, since the Accused No.5, on whose confessional statement the petitioners have been arrayed as accused in the present case, has been acquitted, and as the charge sheet has already been filed and the matter is proceeding towards trial, this Court is inclined to enlarge the petitioners/Accused Nos. 6 and 7 on bail, subject to the following conditions: i. The petitioners/Accused Nos. 6 and 7 shall execute personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) with two 5 sureties each for a like sum each, to the satisfaction of the learned Judicial First class Magistrate, Ramapchodavaram. ii. The petitioners/Accused Nos. 6 and 7 shall appear before the Investigating Officer as and when required and shall cooperate with further investigation, if any. iii. The petitioners/Accused Nos. 6 and 7 shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness. iv. The petitioners/Accused Nos. 6 and 7 shall appear before the Trial Court on every adjournment unless their absence is condoned by the Court for any emergent and valid reason. v. The petitioners/Accused Nos. 6 and 7 shall not commit or indulge in commission of any offence in future. vi. The petitioners/Accused Nos. 6 and 7 shall surrender their passports, if any, to the concerned Court. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the concerned Court. 7. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail. 8. It is also made clear that the observations made in this order are only for the purpose of deciding the bail application and they shall not be construed as opinion on the merits of the Crime. 6 9. Since the crime is of the year 2016, the learned Trial Judge is directed to dispose of the case against these petitioners as expeditiously as possible. 10. Accordingly, this Criminal Petition is allowed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.05.2026. UPS 7 50 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3799 OF 2026 Dt.05.05.2026 UPS