APHC010289392026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4675/2026 Between: 1. LALITH RANA, ,S/O. TIKADHAR RANA, AGED ABOUT 20 YEARSUNDER GUARDIANSHIP OF TILLOTTAMA MATARI, R/O. NUMPUR, MADANPUR RAMPUR, KALAHANDI DISTRICT, ODISHA STATE. ...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 Court pleased to enlarge the Petitioner/Accused No.3 on bail pending disposal of Crime No.46/2026 of Vetapalem P.S., Bapatla District and to pass Counsel for the Petitioner/accused: 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.4675 of 2026 Dated 18.06.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Section 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to enlarge the Petitioner/Accused No.3 on bail in Crime No.46 of 2025 of Vetapalem Police Station, Bapatla District, registered against the Petitioner/Accused No.3 herein for the alleged offences punishable under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). CASE OF THE PROSECUTION: 2. Material averments of the prosecution are that, on 05.04.2026, the Sub- Inspector of Police, Vetapalem Police Station, received credible information regarding the illegal possession and sale of ganja. Thereupon, he secured the presence of mediators and proceeded to Ravur Road, on the outskirts of Vetapalem Village, and conducted vehicle checking. During the checking, the Police noticed three persons carrying two bags emerging from the bushes and, on noticing the Police, they allegedly attempted to flee from the spot. The Police apprehended the said persons and, during the course of investigation, Accused Nos.1 to 3 disclosed their particulars. Basing on their confession statements, the Police seized 15.5 kgs of ganja under the cover of a mediators' report. Accordingly, Crime No.46 of 2026 came to be registered. 3 Dr.YLR,J Crl.P.No.4675 of 2026 Dated 18.06.2026 CONTENTIONS OF THE COUNSEL FOR THE PETITIONERS 3. Sri Gollapalli Maheswara Rao, learned Counsel for the Petitioner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence, and that there is no prima facie material or cogent evidence connecting the Petitioner to the commission of the crime. It is further contended that the Petitioner is the sole earning member of his family and that his incarceration would result in grave hardship and irreparable prejudice to his dependents. The Petitioner undertakes to comply with any condition that this Hon’ble Court may deem fit and proper to impose while considering the prayer for grant of bail. 4. It is further submitted that the Petitioner is a permanent resident of Numpur, Madanpur Rampur, Kalahandi District, Odisha State and there exists no apprehension of his absconding or evading the due process of law. The Petitioner has extended full cooperation in the course of investigation and undertakes to continue such cooperation in all future proceedings. It is also urged that the nature of the allegations does not necessitate custodial interrogation, and that the imposition of appropriate conditions would suffice to secure the ends of justice. In view of the foregoing, it is urged to allow the petition. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 5. Per contra, Sri K. Sandeep, learned Assistant Public Prosecutor has vehemently opposed the prayer for bail, asserting that the investigation is at a 4 Dr.YLR,J Crl.P.No.4675 of 2026 Dated 18.06.2026 nascent and critical stage, with several material witnesses yet to be examined. It is submitted that the premature enlargement of the Petitioner on bail would be inimical to the sanctity and efficacy of the ongoing investigative process and may engender deliberate non-cooperation on the part of the Petitioner. The prosecution further raises an apprehension that, if released, the Petitioner may exert undue influence upon, or intimidate, prosecution witnesses, thereby impeding the administration of justice and vitiating the evidentiary foundation of the case. It is also contended that there exists a palpable and imminent risk of the Petitioner absconding, thereby frustrating the due process of law. 6. In view of the gravity and allegations, coupled with the potential threat posed to the integrity of the investigation, it is submitted that the Petitioner is not entitled to the indulgence of discretionary relief and it is urged to dismiss the present Criminal Petition. POINT FOR CONSIDERATION: 7. In view of the rival submissions advanced by both the learned Counsel and upon a perusal of the prosecutorial narrative, the pivotal issue now meriting for consideration is: “Whether the Petitioner is entitled for grant of bail?” ANALYSIS AND CONCLUSION: 8. The Petitioner is arrayed as Accused No.3. It is alleged that he was involved in dealing with 15.5 Kgs of ganja. The ganja allegedly seized from the 5 Dr.YLR,J Crl.P.No.4675 of 2026 Dated 18.06.2026 possession of the Petitioner is not of commercial quantity. There are no similar adverse antecedents reported against the Petitioner. The Petitioner was arrested on 05.04.2026. He has been in judicial custody for the past 74 days. The Petitioner is permanent resident of Kancharapalem, Visakhapatnam, Visakhapatnam District. He has got fixed abode. So far 3 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. Scope of the Petitioner to threaten the witnesses or tampering with the evidence or hampering the investigation is not arise, since all the witnesses examined are official witnesses. If stringent conditions are imposed, compelling the Petitioner to appear before the High Court on every adjournment during the trial, the ends of justice would not be served. 9. Considering the nature and gravity of allegation levelled against the petitioner, his alleged role played in this case, and the period of detention undergone by the Petitioner, this Court is inclined to enlarge the Petitioner on bail with the following stringent conditions: i. The Petitioner/Accused No.3 shall be enlarged on bail subject to him executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties for the like sum each to the satisfaction of the learned Special Judge under NDPS Act-cum-I Additional District & Sessions Judge, Prakasam District. 6 Dr.YLR,J Crl.P.No.4675 of 2026 Dated 18.06.2026 ii. The Petitioner/Accused No.3 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.3 shall not commit or indulge in commission of any offence in future. iv. The Petitioner/Accused No.3 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.3 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. vi. The Petitioner/Accused No.3 shall surrender his passports, if any, to the investigating officer. If he claims that he does not have a passport, he 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 Dated: 18.06.2026 DSV 7 Dr.YLR,J Crl.P.No.4675 of 2026 Dated 18.06.2026 43 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4675/2026 Dated: 18.06.2026 DSV 8 Dr.YLR,J Crl.P.No.4675 of 2026 Dated 18.06.2026 HIGH COURT OF ANDHRA PRADESH: AMARAVATI MAIN CASE No: CRIMINAL PETITION NO: 4675/2026 PROCEEDING SHEET SL. NO. DATE ORDER OFFICE NOTE 18.06.2026 Dr.YLR, J The Criminal Petition is allowed. (vide separate order) ________ Dr.YLR, J DSV 9 Dr.YLR,J Crl.P.No.4675 of 2026 Dated 18.06.2026