APHC010285082026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4588 OF 2026 Between: 1. ETALAPAKA SIVA PRASAD, ,S/O CHANDRA RAO, AGE 46 YEARSR/O MAMIDIPALLI, S.KOTAMANDAL,VIZIANAGARAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, ,Through Station House Officer,Bheemunipatnam Police Station,Rep. by its Public Prosecutor,High Court of Andhra Pradesh,Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BANDI PRAVEENA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.2 on bail in Crime No.92 of 2026 of 2 Bhimunipatnam Police Station, Visakhapatnam District, registered against the Petitioner/Accused No.2 herein for the alleged 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. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. On perusal of the record, the allegation against the Petitioner/Accused No.2 is that he is in possession and transportation of 8 kgs of Ganja. It is not a commercial quantity. The Petitioner was arrested on 18.03.2026. He has been in judicial custody for the past 91 days. The petitioner is permanent resident of Mamidipalli, S. Kota Mandal, Vizianagaram District. He has got fixed abode. So far 4 witnesses have been examined, they are all official witnesses. Substantial portion of the investigation with regard to the alleged role played by the Petitioner in this case has been completed. If he is enlarged on bail with some stringent conditions, he may not evade the process of law. Since the chargesheet has already been filed against the petitioner, no chance of threatening the witnesses or tampering with the evidence or hampering the investigation. 4. Though it is reported that the petitioner has eight adverse antecedents, two of which are similar in nature, the mere pendency of such antecedents is not sole ground for rejecting the bail application. The Hon’ble Apex Court in 3 Prabhakar Tewari v. State of U.P., 1held that mere advert antecedents, criminal in nature, pending is not a ground for refusal of the relief of bail. 5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail with the following stringent conditions: i. The Petitioners/Accused No.2 shall be enlarged on bail subject to their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned XV Additional Judicial First Class Magistrate, Bheemunipatnam. ii. The Petitioner/Accused No.2 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 Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. iv. The Petitioner/Accused No.2 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. v. The Petitioner/Accused No.2 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. 1(2020) 11 SCC 648 4 vi. The Petitioner/Accused No.2 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. 6. In the result, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 17.06.2026 BSK