[ 3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13088 OF 2025 Between: Pitta Raju @ Risky Boy, S/o Venkateswara Rao, Aged 23 Years, D.N0.66-169/A, Achytapuram Railway Gate, Kakinada. Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradeshat at Amaravati. Respondent/Complainant Petition under Sections 480 & 483 of BNSS (Old Sections 437 & 439 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner on bail in Cr. No 286 of 2025 11 Town L& O Police Station, Kakinada. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri JESHTADI SUNIL KUMAR, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following: 2 i Dr. YLR,J Cri.P No. 13088 of 2025 Dated 10.02.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.1 on bail in Crime No.286 of 2025 of Kakinada II Town Police Station, Kakinada District, registered against the Petitioner/Accused No.1 herein for the offences punishable under Sections 8 (c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the allegation against the petitioner/Accused No.1 is that he allegedly indulged in dealing with 5.900 kgs of ganja, which is not a commercial quantity. The petitioner was arrested on 31.10.2025. He has been in judicial custody for the past 101 days. This is the second bail application. This Court, in Crl.P.No.12010 of 2025 filed by Accused Nos.1 to 5, partly allowed vide order dated 05.12.2025 and dismissed the petition insofar as the petitioner/Accused No.1 is concerned. Albeit there are three cases registered under the provisions of ‘the NDPS Act’ and one case under the provisions of ‘the IPC’ against the petitioner, the Petitioner/Accused No.1 is presumed to be innocent until the guilt is proved. The Hon’ble Apex Court in 7 .3 Dr.YLRJ Crl.PNo.13088 of 2025 Dated 10.02.2026 Prabhakar Tewari v. State of Uttar Pradesh\ at para No.7, observed that pendency of criminal antecedents itself is not a ground to deny the request for grant of bail. So far five witnesses have been examined. They are all material and official witnesses. The chances of the petitioner threatening the witnesses or tampering with the evidence or hampering the investigation may not arise. The petitioner is at an impressionable age of 23 years. The petitioner is a permanent resident of Achyutapuram Railway Gate, Kakinada. He has got fixed abode. If he is enlarged on bail, he may not evade the process of law. If certain stringent conditions are imposed for enlarging him on bail, no prejudice would be caused to the investigation. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with some stringent mere 4. 5. conditions. In the result, the Criminal Petition is allowed with the following stringent 6. conditions; i. The Petitioner/Accused No.1 shall be enlarged on bail subject to his executing bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties for the like sum each to the satisfaction of the learned I II Additional Judicial First Class Magistrate, Kakinada. (2020) 11 see 648 Dr. YLR.J CrI..PNo. 13088 of 2025 Dated 10.02.2026 ii. the Petitioner/Accused No.1 shall appear before the Station House Officer, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.1 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. V. The Petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required. vi. The Petitioner/Accused No.1 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. SD/- B.PRASAD RAO DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY/i To, 1. The II Additional Judicial First Class Magistrate at Kakinada. 2. The Superintendent, Central Prison, Rajahmundry 3. The Station House Officer, II Town L& O Police Station, Kakinada 4. One CC to SRI. JESHTADI SUNIL KUMAR Advocate [OPUC] 5. Two CCS to Public Prosecutor, High Court of AP [OUT] 6. One spare copy i HIGH COURT DR.YLR,J DATED:10/02/2026 BAIL ORDER CRLP.No.13088 of 2025 ALLOWED t