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2026 DAILYLAW 2954 (AP)

Allu Rakesh v. The State of Andhra Pradesh

CRLP/4519/2026 · 2026-06-15

Y Lakshmana Rao

body2026

Judgment text

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APHC010282782026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4519/2026 Between: 1. ALLU RAKESH, ,S/O. RAMANA, AGED ABOUT 19 YEARS,R/O. D. NO.4-162, ALLUVARI VEEDHI,ROLUGUNTA MANDAL, ANAKAPALLI DISTRICT, A.P. 2. MUSADA SRINU, ,S/O. RAMARAO, AGEC ABOUT 19 YEARS,R/O. D. NO.4-9, VINAYAKA VEEDHI, CHETTIPALLI VILLAGE,NARSIPATNAM MANDL, ANAKAPALLI DISTRICT, A.P. 3. BATHI MANIKANTA BAIPKRISHNA, ,S/O. CHINNA RAJU, AGED ABOUT 21 YEARS,R/O. BUCHUMPETA VILLAGE, ROLUGUNTAANAKAPALLI DISTRICT, A.P. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.4519 of 2026 Dated 16.06.2026 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 Petitioners/Accused Nos.3 to 5 on bail in Crime No.153 of 2026 of Bheemunipatnam Police Station, Visakhapatnam District, registered against the Petitioners/Accused Nos.3 to 5 herein for the offences punishable under Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Sri G.Maheswara Rao, the learned counsel for the petitioners, submits that the petitioners are innocent of the alleged offence and they have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 3. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering 3 Dr.YLR,J Crl.P.No.4519 of 2026 Dated 16.06.2026 the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 4. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 5. As seen from the record, the petitioners/Accused Nos.3 to 5 do not have adverse antecedents in similar cases. The FIR was registered on 05.05.2026. Based on the confession of Accused Nos.1 and 2, the role of the petitioners came to light. The petitioners were arrested on 10.05.2026 and are in judicial custody for the past 37 days. All the petitioners are of tender age, being 19 and 21 years, respectively. The seized contraband is below commercial quantity. So far, five witnesses have been examined. They are all official witnesses. The petitioners may not be in a position to threaten the official witnesses or tamper with the evidence. The petitioners are permanent residents of Anakapalli District. They have got fixed abode. No application has been filed seeking custodial interrogation of the petitioners. A substantial portion of the investigation has been completed. If the petitioners are enlarged on bail with some stringent conditions, the interests of justice would be sub- served. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.3 to 5, this Court is inclined to enlarge the Petitioners/Accused Nos.3 to 5 on bail with some stringent conditions. 4 Dr.YLR,J Crl.P.No.4519 of 2026 Dated 16.06.2026 7. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.3 to 5 shall be enlarged on bail subject to their 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 XV Additional Judicial First Class Magistrate at Bheemunipatnam. ii. The Petitioners/Accused Nos.3 to 5 shall appear before the Station House Officer concerned, on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. iii. The Petitioners/Accused Nos.3 to 5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.3 to 5 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos.3 to 5 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. vi. The Petitioners/Accused Nos.3 to 5 shall not, directly or indirectly, make any inducement, threat or promise to any person 5 Dr.YLR,J Crl.P.No.4519 of 2026 Dated 16.06.2026 acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. _________________________ DR. Y. LAKSHMANA RAO, J Date: 16.06.2026 RSI 6 Dr.YLR,J Crl.P.No.4519 of 2026 Dated 16.06.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4519 of 2026 Date: 16.06.2026 RSI