APHC010280332026 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: 4454/2026 Between: GANTIMALLA LOVARAJU, S/O. LATE APPARAO, AGED ABOUT 37 YEARS,R/O. D. NO.2-17, MAIN ROAD, GUMMAREGULA VILLAGEROUTHALAPUDI MANDAL, KAKINADA DISTRICT, A.P. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.4454 of 2026 Dated 18.06.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.4 on bail in Crime No.10 of 2026 of K.D.Peta Police Station, Anakapalli District, registered against the Petitioner/Accused No.4 herein for the offences punishable under Section 20(b)(ii)(C), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.G.Maheswara Rao, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. 3. The learned counsel for the petitioner further submits that the petitioner has been suffering from Pulmonary Tuberculosis and Diabetes Mellitus. He contends that there is no proper medical treatment available to the petitioner in the Central Prison, Visakhapatnam. The petitioner has been in judicial custody for the past 130 days. It is further submitted that there are no similar adverse antecedents reported against the petitioner and that the investigation 3 Dr.YLR,J Crl.P.No.4454 of 2026 Dated 18.06.2026 has already been completed. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice. 4. Per contra, Mr.K.Sandeep, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the petitioner is arraigned as Accused No.4. It is alleged that he indulged in dealing with 50.00 Kgs of ganja. The seized contraband is of commercial quantity. The petitioner was arrested on 05.02.2026. He has been in judicial custody for the past 130 days. There are no similar adverse antecedents reported against the petitioner. So far, ten witnesses have been examined, all of whom are official witnesses. A substantial portion of the investigation with regard to the role played by the petitioner has already been completed. Therefore, the scope for the petitioner threatening the official witnesses, tampering with the evidence, or hampering the investigation may not arise. The petitioner is a permanent resident of Kakinada District and he has got fixed abode. The petitioner has been 4 Dr.YLR,J Crl.P.No.4454 of 2026 Dated 18.06.2026 suffering from Pulmonary Tuberculosis and Diabetes Mellitus. The disease is contagious in nature. 7. Considering the facts and circumstances of the case, the health condition of the petitioner, the progress of the investigation, and the nature and gravity of the allegations levelled against the petitioner/Accused No.4, this Court is inclined to enlarge the petitioner/Accused No.4 on bail subject to some stringent conditions. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.4 shall be enlarged on bail subject to his executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam. ii. The Petitioner/Accused No.4 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.4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.4 shall not commit or indulge in commission of any offence in future. 5 Dr.YLR,J Crl.P.No.4454 of 2026 Dated 18.06.2026 v. The Petitioner/Accused No.4 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.4 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. vii. The petitioner/Accused No.4 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 18.06.2026 RSI 6 Dr.YLR,J Crl.P.No.4454 of 2026 Dated 18.06.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4454 of 2026 Date: 18.06.2026 RSI