Nagabathula Hemanth Kumar v. The State of Andhra Pradesh
CRLP/441/2026 · 2026-01-27
Venkata Jyothirmai Pratapa
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15377 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15377 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Vj.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAl WEDNESDAY, THE TWENTY EIGHTH DAY OF JANU/f TWO THOUSAND AND TWENTY SIX | :PRESENT:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PR^ CRIMINAL PETITION NO: 441 OF 2026 Between:
1. Nagabathula Hemanth Kumar, S/o Ramakrishna, A/31 years, D.No.8-127/1, D.S Palem, P. Gannavaram Village and Mandal (Adhar: 4881 7229 4882)
2. Nainapu Venkata Suresh, S/o Srinu, A/21 years, Ramalayam Street, Setti Balija Peta, Gopala Nagar, Jaggampeta Village and Mandal, Kakinada District. (Adhar: 2568 9796 3636). ...Petitioner/Accused - A3 & A4 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravathi, A.P. ...Respondent/Complainant Petition under Section 480 & 483 of BNSS, 2023 praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to grant to Regular Bail to release the petitioner /A3 & A4 in connection with Cr.No.227/2025 of Korukonda P.S., E.G.Dt., in the interest of justice; The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the
arguments of M/s Vallepu Mounica, Advocate for the Petitioners and Public Prosecutor for the Respondent, the Court made the following;
2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 441 OF 2026
ORDER:- The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity the BNSS’), seeking to enlarge the Petitioners/Accused Nos.3 and 4 on bail in Crime.No.227 of 2025 of Korukonda Police Station, East Godavari District, registered against the Petitioners herein for the offences punishable under Section 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard Ms. Vallepu Mounica, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/state. Perused the record. 3. This Court in Criminal Petition No. 13013 of 2025, dated 24.12.2025 enlarged Accused No.2 on bail and in Criminal Petition No. 13622 of 2025 enlarged accused Nos.5 and 6. The Petitioners/ Accused No. 3 and 4 were also arrested on spoj i.e on 01.12.2025, while they were in possession and t transportation of 18 Kgs of ganja. Seized ganja is not a commercialquantity. They have been in judicial custody for the past 57 days. There are no similar
3 adverse antecedents reported against the Petitioners. The Petitioners are permanent residents of P.Gannavaram Village and Jaggampeta Village, Kakinad District. They have got fixed abode. Seven witnesses have been examined so far. They are all material witnesses. Substantial portion of investigation is completed. If they enlarged on bail with certain stringent conditions, they may not evade from the process of law. No application is filed seeking custodial interrogation of the Petitioners. The period within which, the application could be filed for grant of police custody is also expired. The Petitioner No.2 is at impressional age of 21 years. Considering the nature and gravity of allegation levelled against the Petitioners, their alleged role played in this case, and the period of detention undergone by the Petitioners, this Court is inclined to enlarge the Petitioners on bail with the following stringent conditions:
4. In the result, the Criminal Petition is allowed with the following
5. conditions: The Petitioners/Accused No. 3 and 4 shall be enlarged on bail subject to their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for the like sum each to the satisfaction of the learned I Aditional Judicial First Class l\/fagistrate, Rajamahendravaram.
I. The Petitioners/Accused No. 3 and 4 shall appear before the Station House Officer concerned, on every Saturday in li. 4 between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. j iii. The Petitioners/Accused No. 3 and 4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the concerned Magistrate Court. The Petitioners/Accused No. 3 and 4 shall not commit or indulge in commission of any offence in future. IV. The Petitioners/Accused No. 3 and 4 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. V. vi. The Petitioners/Accused No. 3 and 4 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 him/her from disclosing such facts to the court or to any police officer. The Petitioners/Accused No. 3 and 4 shall surrender their passports, if any, to the concerned Magistrate Court. If they claim that they do not have passports, they shall submit an affidavit to that effect to the concerned Magistrate Court. VII. 3D/- G.HELANAIDU DEPUTY REGISTRAR //TRUE COPY// For SECTION OFi ER To,
1. The Additional Judicial First Class Magistrate Court, Rajamahendravaram. 2. The Superintendent, Central Prison, Rajamahendravaram. 3. The Station House Officer, Korukonga Police Station, East Godavari District. 4. One CC to M/s Vallepu Mounica, Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of AP [OUT]
6. One spare copy
T HIGH COURT Dr.VJP,J DATED:28/01/2026
ORDER CRLP.No.441 of 2026 ALLOWED i