APHC010283052026 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: 4541/2026 Between: 1. SANJAY KINCHAPPA ALIAS SANJAY K, .,S/O. KINCHAPPA, AGED ABOUT 28 YEARS,R/O. 2 CROSS, JAYANTHI GRAMA, BIDARE POST,SHIVAMOGGA DISTRICT, KARNATAKA STATE. 2. CHANDRAPPA AKASHA, ,S/O. CHANDRAPPA, AGED ABOUT 21 YEARS,R/O. RAGIGUDDA, SHIVAMOGGA DISTRICT, 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 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the Petitioners/Accused No.1, 2 on bail pending disposal of Crime No.64/2026 of Government Railway P.S., Vizianagaram 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: 4541/2026 SANJAY KINCHAPPA ALIAS SANJAY K, .,S/O. KINCHAPPA, AGED ABOUT 28 YEARS,R/O. 2 CROSS, JAYANTHI GRAMA, BIDARE POST,SHIVAMOGGA DISTRICT, KARNATAKA STATE. CHANDRAPPA AKASHA, ,S/O. CHANDRAPPA, AGED ABOUT 21 YEARS,R/O. RAGIGUDDA, SHIVAMOGGA CITY,SHIVAMOGGA DISTRICT, KARNATAKA STATE. ...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 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the Petitioners/Accused No.1, 2 on bail pending disposal of Crime No.64/2026 of Government Railway anagaram and to pass Counsel 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 SANJAY KINCHAPPA ALIAS SANJAY K, .,S/O. KINCHAPPA, AGED ABOUT 28 YEARS,R/O. 2 CROSS, JAYANTHI GRAMA, BIDARE CHANDRAPPA AKASHA, ,S/O. CHANDRAPPA, AGED ABOUT 21 CITY,SHIVAMOGGA ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, Rep by its Public ...RESPONDENT/COMPLAINANT .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.1, 2 on bail pending disposal of Crime No.64/2026 of Government Railway 2 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4541/2026 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.1 and 2 for granting of regular bail in connection with Crime No.64 of 2026 of Government Railway Police Station, Vizianagaram District, registered for the alleged offence punishable under Section 20(b)(ii)(B) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, (for brevity ‘NDPS Act’). 2. Heard Sri Gollapalli Maheswara Rao, learned counsel for the petitioners, 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 11.05.2026 at about 10.30 hours, on receipt of credible information, the Sub-Inspector of Police along with his staff proceeded to the South end of Platform No.01 of Vizianagaram Railway Station, and while conducting checks, apprehended the two accused who were found illegally possessing and transporting 16 Kgs of ganja in three bags. 4. Learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence. He submits that the petitioners have been falsely implicated in this case and that they are the sole 3 breadwinners of their respective families. The petitioners are law abiding citizens and they have permanent adobe. The petitioners would not tamper the evidence. The seized contraband is not a commercial quantity and urged to enlarge the petitioners on bail. 5. Per contra, the learned Assistant Public Prosecutor submits that the petitioners were arrested on the spot while they were indulging in dealing with 16 KGs of Ganja. Investigation is still pending and only six witnesses are examined and some more witnesses are yet to be examined and he urged to dismiss the bail application. 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. On perusal of the record, it is clear that on 11.05.2026, the Sub- Inspector of Police, Government Railway Police Station, arrested the petitioners while they were found in possession and transportation of 16 KGs of Ganja. The petitioners were arrested under the mediators report and they were forwarded to the learned jurisdictional Magistrate for Judicial Custody. The petitioners have been in judicial custody for the past 35 days. The petitioners were arrested on the spot. Of course, there are no adverse 4 antecedents against the petitioners. Investigation in this case is not yet completed, only six witnesses are examined and some more material witnesses are to be examined. 9. Considering 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 petitioner on bail, as the request of the learned counsel for the petitioner, 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 54 CRIMINAL PETITION NO: 4541/2026 Date: 15.06.2026 KKV 6