1 APHC010026992026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 395/2026 Between: 1. POKURU MAHESH, S/O. SRINIVASA RAO,AGED ABOUT 32 YEARS,R/O. NEAR WATER TANK, MUTHYALAPALEM,NELLORE, SPSR NELLORE DISTRICT. 2. BETHU SURYA SAI, S/O. RAMANAIAH,AGED 23 YEARS, R/O. LINENEAR SAI BABA TEMPLE,HARANATHAPURAM, NELLORE,SPSR NELLORE DISTRICT. 3. MUDIYALA RAJASEKHAR REDDY, S/O. RAMALINGA REDDY,AGED 32 YEARS,R/O. DR RESIDENCY,MAGUNTA LAYOUT, NELLORE,SPSR NELLORE DISTRICT. 4. TUMMALA MALLIKARJUNA,, S/O. PAPAIAH, AGED 36 YEARSR/O. JAYABHARATH HOSPITAL,SOMASEKHARPURAM, NELLORE,SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI. ...RESPONDENT/COMPLAINANT 2 Counsel for the Petitioner/accused(S): 1. MALIREDDY GOWTHAM Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 395 OF 2026 ORDER:- The Criminal Petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 8the BNSS9), has been filed by the petitioners/Accused Nos.1, 3, 4 & 6, seeking regular bail in connection with Crime No.366 of 2025 of Vedayapalem Police Station, Sri Potti Sriramulu Nellore District, registered for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 8the NDPS Act9). 2. Case of the prosecution, in brief is that on 05.09.2025 at 21.00 hours, the complainant/Inspector of Police, Vedayapalem Police Station, Nellore, on receiving credible information about illegal sale and transportation of Ganja, secured the presence of mediators and proceeded along with his staff and mediators to Donthali Adda Road Junction, Nellore – Prodalakur Main Road, Nellore Rural Mandal and at the spot, at white Toyota Glanza Car bearing No.AP39 QY 8092 was intercepted and from which Accused Nos.1 to 6 tried to fee away and they were apprehended, Accused No.7 absconded and Accused No.8 who organized the entire crime had already been apprehended and lodged in judicial remand in another crime. In total, 11 packets of Ganja weighing 23.470 KGs worth of Rs.2,50,000/-, six mobiles and a Toyota Glanza Car were seized under the cover of mahazarnama in the presence of 4 mediators and revenue officials. Accused No.1 and 2, 3 to 6 were arrested and remanded to judicial custody on 06.09.2025 and since then they are in jail. 3. Heard Mr. Malireddy Gowtham, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. 4. Learned counsel for the petitioner submits that earlier bail application filed by the petitioner was dismissed by the learned Single Judge of this Court in Crl.P.No.12570 of 2025, vide order dated 15.12.2025, on the grounds that the petitioner was involved in dealing with commercial quantity of contraband and that there are similar adverse antecedents reported against them. 5. Learned counsel would further submit that accused No.7 in the same crime has approached this Court by filing Crl.P.No.10153 of 2025 seeking quashment, wherein this Court protected his liberty by directing the police not to take any coercive steps, in the event of registration of case on 26.09.2025, and that the said protection has been extended from time to time. It is further submitted that Accused No.7 also filed a Writ Petition No.24745 of 2025 complaining that, without registration of any crime against him, the police searched his house on 29.08.2025 without any information. The said writ petition was coming up for orders. 5 6. Learned counsel would further submit that investigation might have been completed; that the petitioners have been in judicial custody in this crime since 06.09.2025. In view of the above change in circumstances, particularly when Accused No.7 has been granted protection from arrest in the same crime, the petitioner seeks enlargement on regular bail. 7. Learned Assistant Public Prosecutor would submit that the earlier bail application was dismissed on 15.12.2025. As regards the progress of the investigation, it is submitted that the inventory has been completed, examination of witnesses is over and only the RFSL report is await. 8. Considering the submissions made by the learned counsel for the petitioner as well learned Assistant Public Prosecutor and upon perusal of the material on record, and having regard to the change in circumstances since the dismissal of the earlier bail petition, particularly in view of the fact that the inventory has been completed and the crucial part of the investigation is over except for the receipt of RFSL report, and further taking into consideration that Accused No.7 has approached this Court and obtained interim protection, this Court is inclined to allow the petition. 9. In the result, the criminal petition is allowed subject to the following conditions: i) The petitioners/Accused Nos.1, 3, 4 & 6 shall be released on bail on their executing a personal bond for Rs.20,000/- (Rupees twenty thousand 6 only) with two sureties for a like sum each to the satisfaction of the learned V Additional Judicial Magistrate of First Class, Nellore. ii) On release, the petitioners shall appear before the Station House Officer, concerned, once in a week i.e., on every Saturday between 10.30 a.m. and 05.00 p.m., till filing of the charge sheet. iii) The petitioners shall deposit their passports before the concerned trial Court and shall not leave the jurisdiction without prior permission of the concerned Court. iv) The petitioners shall not directly or indirectly make any statements relating to this case in the social media or any other social network platform. v) The petitioners 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 them from disclosing such facts to the Court or to the investigating or police officer. vi) The petitioners shall cooperate with the Investigating Agency as and when they are called for investigation purpose. As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 28.01.2026 S D P 7 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 395 OF 2026 28.01.2026 S D P