1 APHC010287012026 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: 4621/2026 Between: 1. PAILA PRAKASH ALIAS RAMU, ,S/O. NARAYANA, AGED ABOUT 47 YEARSR/O. GAJUVAKA VILLAGE AND MANDAL,VISAKHAPATNAM DISTRICT, A.P. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh at 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 Courtpleasedto enlarge the Petitioner/Accused No.3 on bail pending disposal of Crime No.248/2020 of Tanguturu P.S., Prakasam District and to pass Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4621/2026 ORDER: The Criminal Petition has been filed under Sections480 & 483of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.3 for granting of bail in connection with Crime No.248 of 2020 of Tanguturu Police Station, Prakasam District, registered for the alleged offence punishable under Section 20(b) r/w. 8(c) Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. The case of the prosecution is that on 05.12.2020, on receipt of credible information, the Sub-Inspector of Police along with his staff and mediators conducted a vehicle checking at toll plaza and found one car bearing No.AP 39 X 6842 possessing and transporting the Ganja weighing about 65 kgs and caught the accused Nos.1 & 2. The police seized the contraband, arrested the accused Nos.1 & 2 and remanded them to judicial custody. Basing on their confession, the police implicated the petitioner as Accused No.3 in the said crime. During the hearing in S.C.No.9 of 2021, the learnedTrial Court directed the petitioner to appear on 18.02.2026. But the petitioner was not able to appear due to which the learned Trial Court issued non bailable warrant against the petitioner. On 26.02.2026, the learned Trial Court remanded the petitioner to judicial custody. 3 4. Learned counsel for the petitionercontends that the petitioneris innocent and did not commit the alleged offence and have been falsely implicated by the police. It is the contention of learned counsel for the petitioner that the petitioner neither found transporting of contraband, nor found in possession of contraband nor did he escape from the scene of offence.It is further contended that the petitioner would abide by any condition to be imposed by this Court if he is enlarged on bail and it is urged to allow the criminal petition. 5. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitionerand urged to dismiss the petition. 6. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 7. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioner is entitled for grant of bail?” 8. As seen from the record, as the petitioner failed to attend before the learned Sessions Judge, Ongole for one time, non-bailable warrant was issued on 18.02.2026. On 26.02.2026, the learned Trial Court dismissed the recall petition of non-bailable warrant filed by the petitioner and remanded the petitioner to judicial custody. The petitioner has been in the judicial custody for the past 100 days. The petitioner was arraigned as Accused No.3 in the case wherein it was found that 64 kgs of Ganja was illegally transported. 4 9. The case is of the year 2020.If astrict condition is imposed on the petitioner that he shall appear before the learned Trial Court each and every adjournment enabling the learned Trial Court to expedite the process of the trial, ends of justice would be subserved. 10. Considering the facts and circumstances, the gravity and nature of the allegations levelled against the Petitioner, this Court is inclined to grant bail to the Petitioner/ Accused No.3. 11. In the result, the Criminal Petition is allowed with the following conditions: i. The Petitioner/Accused No.3 shall be enlarged on bail subject to theexecuting a 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 Trial Court; ii. The Petitioner/Accused No.3 shall appear before the learned Trial Court on each and every adjournment without fail. iii. The Petitioner/Accused No.3 shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The Petitioner/Accused No.3 shall not leave the State of Andhra Pradesh limits without the express permission from the learned Trial Court. _________________________ DR. Y. LAKSHMANA RAO, J Date: 16.06.2026 AG 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4621/2026 Date: 16.06.2026 AG