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2026 DAILYLAW 15675 (AP)

Kamatham Ashok v. The State of Andhra Pradesh

CRLP/612/2026 · 2026-02-09

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010040982026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 612/2026 Between: 1. KAMATHAM ASHOK, S/O. KAMATHAM RAMANAIAH,34 YEARS R/O. G1 VENKADRI HOMES, SARASWATHI NAGAR, 0PP. RATNAM SCHOOL, DARGAMITTA, NELLORE, NELLORE DISTRICT, ANDHRA PRADESH - 524003. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court Buildings, Nelapadu, Guntur. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. PALICHERLA PARDHA SARADHI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 612 of 2026 Order: The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioner, who is Accused No.3, seeking anticipatory bail in connection with Crime No.217 of 2025 of Dargamitta Police Station, SPSR Nellore District, registered for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the NDPS Act. 2. Case of the prosecution, in brief is that on 07.12.2025 evening at about 17.00 hours, beside Municipal Corporation A/c Bus Shelter, infront of ACSR Government Hospital, Nellore, A1 and A2 were apprehended while they were in possession of 2 KGs of Ganja. Basing on the confession of A1 and A2, the petitioner herein has been arrayed as accused No.3 in the present crime. 3. Heard Sri Palicherla Pardhasaradhi, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. 4. Learned counsel for the petitioner would submit that basing on the confession of Accused Nos.1 and 2, the petitioner herein is shown as accused No.3. Except the confessional statements, there is no other direct material to connect the petitioner with the present crime. The ganja seized from the accused Nos.1 and 2 is a commercial quantity. 3 5. Learned Assistant Public Prosecutor would submit that investigation is at nascent stage and prays for dismissal of petition. 6. Considering the submissions made and on perusal of the material on record, the petitioner herein is the one who is transporting Ganja and delivering to other persons. Taking into consideration of the stage of the investigation, this is not the stage to consider the plea of the petitioner for anticipatory bail. 7. Accordingly, the Criminal Petition is dismissed. However, the petitioner is at liberty to surrender before the concerned jurisdictional Court within a period of one (1) week and move regular bail application before the concerned Court. On such filing of application, the learned Judge shall take an appropriate decision in accordance with law and dispose of the application as expeditiously as possible. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.02.2026 ARB 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 612 of 2026 Date: 10.02.2026 ARB