APHC010282862026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4529/2026 Between: 1. V HARISH, ,S/O. LATE VISHWANATHAM, AGED ABOUT 28 YEARS,R/O. D. NO.49, S.P. ROAD, P.M. LINE,THEEGALAPETE, BENDALURU CITY, KARNATAKA STATE. 2. G SURESH, ,S/O. GANESH, AGED ABOUT 34 YEARS,R/O. D. NO. 18, RAMMURTHY NAGAR, 3 MAIN ROADBENGALURU KARNATAKA STATE 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. 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 Courtpleased to enlarge the Petitioners/Accused No.4, 5 on bail pending disposal of Crime No. 17/2026 of Government Railway P.S., Tirupati and to pass Counsel for the Petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4529/2026 V HARISH, ,S/O. LATE VISHWANATHAM, AGED ABOUT 28 YEARS,R/O. D. NO.49, S.P. ROAD, P.M. LINE,THEEGALAPETE, BENDALURU CITY, KARNATAKA STATE. G SURESH, ,S/O. GANESH, AGED ABOUT 34 YEARS,R/O. D. NO. 18, RAMMURTHY NAGAR, 3 MAIN ROADBENGALURU ...PETITIONER/ACCUSED(S) AND 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 aying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the Petitioners/Accused No.4, 5 on bail pending disposal of Crime No. 17/2026 of Government Railway P.S., Tirupati and to pass nsel for the Petitioner/accused(S): GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR IN THE HIGH COURT OF ANDHRA PRADESH [3521] THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO V HARISH, ,S/O. LATE VISHWANATHAM, AGED ABOUT 28 YEARS,R/O. D. NO.49, S.P. ROAD, P.M. LINE,THEEGALAPETE, G SURESH, ,S/O. GANESH, AGED ABOUT 34 YEARS,R/O. D. NO. 18, RAMMURTHY NAGAR, 3 MAIN ROADBENGALURU CITY, ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, Rep by its Public ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS aying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the Petitioners/Accused No.4, 5 on bail pending disposal of Crime No. 17/2026 of Government 2 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4529/2026 ORDER: This Criminal Petition has been filed under Section 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity “the BNSS”) by the petitioners/accused Nos.4 and 5 for granting of regular bail in connection with Crime No.17 of 2026 of Government Railway Police Station, Tirupati, registered for the alleged offence punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, (for brevity ‘NDPS Act’). 2. Heard Sri Gollapalli Maheswara Rao, learned counsel for the petitioner, and the Ms.P.Akhila Naidu, learned Assistant Public Prosecutor appearing on behalf of the State/respondent. 3. The case of the prosecution is that on 21.03.2026 at about 14:45 hours, upon receipt of credible information, the Sub-Inspector of Police, along with his staff, proceeded to the western end of Platform No.01 of Tirupati Railway Station and, while conducting checks, apprehended Accused Nos.1 and 2, who were found in illegal possession and transporting 15.460 Kgs of ganja in two bags. 4. Learned counsel for the petitioners submits that the petitioners/Accused Nos.4 and 5 were implicated in this case solely on the basis of the confession of Accused Nos.1 and 2. He would further submit that no contraband was 3 seized from the possession of the petitioners. The petitioners have been in judicial custody for the past 55 days. The alleged contraband is not commercial quantity. The petitioners are the sole breadwinners of their respective families and have been falsely implicated. He further submits that the material portion of the investigation is completed and urged that the petitioners be enlarged on bail, as they are ready to comply with any conditions imposed by this Court. 5. Per contra, the learned Assistant Public Prosecutor submits that the petitioners were actively involved in hiring the main accused for transporting ganja to the desired destination. She further submitted that so far six witnesses have been examined and further investigation is still pending. Some more witnesses are yet to be examined. Therefore, she urged to dismiss the bail petition. 6. Thoughtful consideration is bestowed on the arguments advanced by the learned counsel on 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, Accused Nos.1 and 2 were apprehended while transporting 15.460 Kgs of ganja on 21.03.2026. Based on the confession of Accused Nos.1 and 2, the involvement of the present petitioners came to light. 4 Admittedly, no contraband was recovered from the possession of the petitioners. Accused No.3 is stated to be the supplier of the ganja. It is alleged that the petitioners were actively involved in arranging transportation of the contraband to the intended destination. The petitioners were arrested on 20.04.2026 and have been in judicial custody for about 55 days. So far, only six witnesses have been examined and some more witnesses are yet to be examined. The investigation is still pending. 9. Having regard to the facts and circumstances of the case, the gravity and nature of the allegations levelled against the petitioner, and the stage of investigation, this Court is not inclined to enlarge the petitioners on bail, as the request of the learned counsel for the petitioners, is not found convincing and reasonable. Accordingly, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 15.06.2026 KKV 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO 38 CRIMINAL PETITION NO: 4529/2026 Date: 15.06.2026 KKV 6