APHC010646862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12677/2025 Between: 1. KALLA NARESH, S/O. LATE RAMBABU,AGED ABOUT 30 YEARS, MALE,R/O. D.NO.3-122, SAMBHASIVARAO COLONY KORUKONDA VILLAGE AND MANDAL,EAST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. ...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 may be pleased to grant Regular bail to the Petitioner/Accused No.1 in connection with the Crime No. 185 of 2024 of Narsipatnam Town P.S., Anakapalli District in the interests of the justice Counsel for the Petitioner/accused: 1. MANGENA SREE RAMA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12677/2025 ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused No.1, seeking regular bail, in Crime No.185 of 2024, of Narsipatnam Town Police Station, Anakapalli District, registered for the offence punishable under Section 125 (b) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’), Sections 20(b)(ii)(C), 25 r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard Sri Mangena Sree Rama Rao, learned counsel for the petitioner/accused No.1 and Mrs.K.Priyanka Lakhmi, learned Assistant Public Prosecutor on behalf of the State. 3. The case of the prosecution in brief, is that, on 12.08.2024, the Accused were transporting the Ganja by Kia Brand Car and when the car reached Sivapuram, Narsipatnam Municipality, they hit one Motorcycle and the victim fell on the ground from the motorcycle and sustained severe injuries. Accused have driven the said vehicle to some distance from the place of accident and left the car with ganja and escaped. On 21.08.2024, the police had found the car with 150 Kgs of Ganja and seized the same under the cover of mediators’ report. Thereafter, the petitioner was arrested in connection with another case and he confessed the commission of the present offence. 3 4. Learned counsel for the petitioner would submit that the petitioner herein is the accused No.1. The petitioner was arrested on 25.06.2025 on PT Warrant and since then without his fault he is in judicial custody. It is further submitted that the essential ingredients constituting the alleged offences are wholly absent as against the petitioner. No contraband has been seized from the possession of the petitioner/Accused No.1. The petitioner has no criminal antecedents and has been falsely implicated in the present case. The petitioner is the sole breadwinner of his family, and his continued incarceration would cause severe hardship to his dependents. The petitioner undertakes to abide by any conditions that may be imposed by this Hon’ble Court and is ready and willing to furnish adequate sureties to the satisfaction of this Hon’ble Court. He finally prays to allow the petition. 5. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that the contraband involved in this matter is a huge commercial quantity of 150 Kgs of Ganja. Though, the statutory period is completed in this matter, the Investigating Agency has filed an application seeking extension of time to complete investigation and that is pending for consideration before the Court. Learned Assistant Public Prosecutor finally prays for dismissal of the petition. 6. Considering the submissions and a fair look on the material placed before this Court, it is a case where huge commercial quantity of Ganja is involved, the investigating agency filed an application seeking extension of 4 time to complete the investigation, which is pending before the Special Court, at this juncture, this Court is not inclined to release the petitioner on bail. 7. In view of the aforesaid facts and circumstances of the case, the request of the petitioner cannot be considered at this juncture inasmuch as there are no reasonable grounds to believe that the petitioner has not indulged in the commission of the alleged offence and if the petitioner is released on bail he would not commit similar offence in future. There are no merits in the Criminal Petition for grant of bail to the petitioner. Hence, the Criminal Petition is liable to be dismissed. 8. Accordingly, the Criminal Petition is dismissed. As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 24.02.2026. UPS 5 225 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12677/2025 Dt.24.02.2026 UPS