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2026 DAILYLAW 19561 (AP)

Panasa Ganesh v. The State of Andhra Pradesh

CRLP/2255/2026 · 2026-03-29

Venkata Jyothirmai Pratapa

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3396 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRTY DAY OF MARCH ; TWO THOUSAND AND TWENTY SIX :PRESENT: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2255 OF 2026 Between: 1. Panasa Ganesh, S/o. China Appala Naidu, aged about 30 years, R/o. A. Venkatapuram Village, Regidi Amudalavalasa Mandal, Vizianagaram District. 2. Tangula Buudu, S/o. Late Gorru, aged about 45 years, R/o. Nandivalasa Village, Rangasila Post.Hukumpeta Mandal, Alluri Sitharama Raju District. 3. Korra Nanda Kumar, S/o. Sitharam, aged about 28 years,R/o. Sarria Village, Kondru Post.Dumbriguda Mandal, Alluri Sitharama Raju District. Petitioner/Accused No.1 to 3 AND The State of Andhra Pradesh, Rep by its Public Prosecutor,High Court of Andhra Pradesh. Respondent Petition Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused No.1 to 3 on bail pending disposal of Crime No.45/2025 of Munchingiput P.S., Alluri Sitharama Raju District. The petition/Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI KOLLI USHA KIRANMAYEE Advocate for the Petitioner(s), PUBLIC PROSECUTOR Advocate for the Respondent and the Court made the following. ORDER 3 >' THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2255 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.1 to 3 on bail in Crime.No.45 of 2025 of Munchinguiput Police Station, Alluri Sitarama Raju District, registered against the Petitioners herein for the offences punishable under Section 111(2)(B) of BNS and Sections 20(b)(ii)(C), 25 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard Ms. Kolli Usha Kiranmayee, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/state. Perused the record. The case of the prosecution is that, on 27.08.2025 the petitioners/accused Nos.1 to 3 were found in possession of 31.090 kgs of ganja while they were transporting the same. 3. 4. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the alleged offence, without any cogent evidence linking them to the commission of the crime. The learned counsel further submits that the Investigating Officer filed a petition seeking extension of the petitioners’ remand, which was allowed by the learned trial Court, granting 210 days of judicial custody. It is further submitted that 216 days have now elapsed, yet no charge sheet has been filed to date. The petitioners undertake to abide by any conditions that this Court while granting bail. may impose 5. The learned Assistant Public Prosecutor, submits that the petitioners were involved in transporting 31.090 kgs of ganja, which is a commercial quantity. The investigation is at nascent stage and therefore urges this Court to dismiss the Criminal Petition. 6. The allegation against the petitioners/Accused Nos. 1 to 3 is that they were found in possession of 31.090 kg of ganja. The petitioners were arrested on 27.08.2025 and have been in judicial custody since then. A substantial portion of the investigation, insofar as the involvement of the petitioners is concerned, has been completed. All the material witnesses in this case are official witnesses. Therefore, the possibility of the petitioners threatening the witnesses, tampering with evidence, or hampering the investigation does not arise. The petitioners are permanent residents of Alluri Sitharama Raju District and have a fixed abode. 5 In this case, the Investigating Officer filed a petition before the learned trial Court seeking extension of judicial remand, which was allowed, granting 210 days of judicial custody. As of now, 216 days have elapsed, and no charge sheet has been filed to date. Therefore, this Court is of the view that the petitioners are entitled to default bail. 7. 8. Considering the facts and circumstances of the case, the nature and gravity of allegations leveled against the petitioners/accused Nos.1 to 3 and particularly the statutory period has been completed, this Court is inclined to enlarge the Petitioners/Accused Nos.1 to 3 on default bail. 9. In the result, the Criminal Petition is allowed with the following stringent conditions: \ The Petitioners/Accused Nos.1 to 3 shall be enlarged on bail subject to they executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Paderu. \ 1. ii. The Petitioners/Accused Nos.1 to 3 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday in between 10:00 am and 05:00 pm, till filing of charge sheet. iii. The Petitioners/Accused Nos.1 to 3 shall not commit or indulge in commission of any offence in future. 6 The Petitioners/Accused Nos.1 to 3 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. IV. The Petitioners/Accused Nos.1 to 3 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. V. The Petitioners/Accused Nos.1 to 3 shall surrender their passports, if any, to the concerned Magistrate Court. If they claim that they do not have passports, they shall submit affidavits to that effect to the concerned Magistrate Court. VI. As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed. SD/- T. SRINIVASA RAO ASSISTANT REGISTRAR I ii //TRUE COPY// SECTION OFFICER For To 1. The 1 Additional District & Sessions Judge- Spl. Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District. 2. The learned Judicial First Class Magistrate, Paderu. 3. The Central Jail, Visakhapatnam, Visakhapatnam District. 4. The SHO, Munchingiput, P.S, Alluri Sitharama Raju District. 5. One CC to SRI. KOLLI USHA KIRANMAYEE Advocate [OPUC] 6. Two CC’s to Public Prosecutor, High Court of AP at Amaravati. [OUT] 7. One spare copy TVSR HIGH COURT DR.VJP,J DATED: 30/03/2026 ORDER CRLP.No.2255 of 2026 -.1 '•'i ALLOWED