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2026 DAILYLAW 27732 (AP)

Kuthati Siva Kumar v. The State of Andhra Pradesh

CRLP/13418/2025 · 2026-01-04

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

^.5I A [ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAWATl MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13418 OF 2025 Between: 1. Kuthati Siva Kumar, S/o.Venkateswarlu, aged abt 24 years R/o.Suryavanshi Colony, DVK Road, Nalgonda TownTelangana State. 2. Ahmud Furqaan, S/o.Md.Zakir Ahmud, aged abt 19 years,R/o.Abbasiya Colony, DVK Road, Nalgonda TownTelangana State. Petitioners/A2 & A3 AND The State of Andhra Pradesh, SHO, Nathavaram P.S., Visakapatanam, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. Respondent 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 enlarge the Petitioner on Regular Bail in respect to the Crime No. 122/2025 on the file of Nathavaram Police Station, Visakapatanam. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri ANAND KUMAR KOC, Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent and the Court made the following: APHC010706802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13418 OF 2025 Between; 1.KUTHATI SIVA KUMAR, S/O.VENKATESWARLU, AGED ABT 24 YEARS,R/O.SURYAVANSHI COLONY. DVK ROAD, NALGONDA TOWNTELANGANA STATE. 2.AHMUD FURQAAN, S/O.MD.ZAKIR AHMUD, AGED ABT 19 YEARS, R/O.ABBASIYA COLONY, DVK ROAD, NALGONDA TOWNTELANGANA STATE. f ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, SHO, Nathavaram P.S., Visakapatanam,Represented by its Public Prosecutor,High Court of Andhra Pradeshat Amaravati, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.ANAND KUMAR KOCHIRI Counsel for the Respondent/complainant; 1. PUBLIC PROSECUTOR 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 y > • i- enlarge the Petitioners/Accused Nos,2 and 3 on bail in Crime No. 122 of 2025 of Nathavaram Police Station, Visakhapatnam District, registered against the Petitioners/Accused Nos.2 and 3 herein for the offence punishable under Sections 20(b)(ii)(C), 22(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. 2. Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor. The Petitioners 2 and 3 were allegedly found in possession and transportation of 1 Kgs of Hasish Oil and 5 Kgs of ganja. They were arrested and sent to remand on 14.10.2025. They have been in judicial custody for the past 83 days. The FIR was lodged on 14.10.2025 itself. The Petitioners permanent residents of DVK Road, Nalgonda Town and District, Telangana State. They have got fixed abode. If they enlarged on bail with certain stringent conditions, they may not interfere with further progress of investigation hampering the investigation. Accused No.3 impressional age of 19 years. So far, six witnesses were examined. Material portion of investigation with regard to alleged role played by the Petitioners are completed. No application is filed seeking custodial interrogation of the Petitioners. Period for filing application for custodial interrogation is also completed. 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; / 3. are or an 4. > 'j 5. In the result, the Criminal Petition is allowed with the following conditions; The Petitioners/Accused Nos.2 and 3 shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial Magistrate of First Class, Narsipatnam. The Petitioners/Accused Nos.2 and 3 shall not commit or II. indulge in commission of any offence in future. The Petitioners/Accused Nos.2 and 3 shall cooperate with III. the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. The Petitioners/Accused Nos.2 and 3 shall not, directly or indirectly, make any inducement, threat or promise to any person IV. 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 Nos.2 and 3 shall surrender their V. passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer. r Accordingly, the Criminal Petition is allowed. 6. SD/-U.SR1 DEVI DEPUTYa REGISTRAR ^ji^FICER //TRUE COPY// SECT To, 1. The Additional Judicial Magistrate of First Class, Narsipatnam. 2. The I Additional District & Session Judge-Special Judge for Trial of Offences under NDPS Act: Visakhapatnam 3. The Superintendent, Central Jail, Visakhapatnam. 4. The Station House Officer, Nathavaram P.S., Visakapatanam 5. One CC to SRI. ANAND KUMAR KOCHIRI Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court of AP [OUT] 7. One spare copy KJ ii ft t; HIGH COURT DR.YLR,J DATED:05/01/2026 BAIL ORDER CRLP.No.13418of 2025 ALLOWED