Extracted from the PDF above. The PDF is authoritative.
\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX :PRESENT:
HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2480 OF 2026 * &- Between: Mekala Apparao, S/o. Gangaraju, aged about 47 years, R/o. Edurupalli Village, Nathavaram Mandal, Anakapalli District, A.P. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep by its Public Prosecutor. High Court of Andhra Pradesh. ...Respondent Petition under Sections 437 & 439 Cr.P.C and Sec. 480 & 483 BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to to enlarge the Petitioner/Accused No.1 on bail pending disposal of Crime No.25/2025 of G.K. Veedhi P.S., Alluri Sitharama Raju District The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of SRI. GOLLAPALLI MAHESWARA RAO Advocate for the Petitioner, PUBLIC PROSECUTOR for the Respondent and the Court made the following.
T / 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2480 OF 2026
ORDER:- The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to enlarge the Petitioner/Accused No.1 on bail in Crime.No.25 of 2025 of Gudemkothaveedi Police Station, Alluri Sitharama Raju District, registered against the Petitioner herein for the offences punishable under Sections 20(b)(ii)(C), 25 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Heard G.Maheswara Rao,
learned counsel for the petitioner and
2. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/state. Perused the record. 3. The case of the prosecution is that, on 07.09.2025 the petitioner/accused No.1 and other accused were found in possession of 46.420 kgs of ganja while they were transporting the same. The learned counsel for the petitioner submits that the petitioner is
4. innocent and has been falsely implicated in the alleged offence, without any cogent evidence linking him to the commission of the crime. The learned
f 3 counsel further submits that the statutory period has expired and the charge sheet has not been filed. It is also submitted that the prosecution had filed a petition seeking extension of time to complete the investigation, which allowed, granting a total period of 210 days. However, the said extended period has also expired, and no further petition seeking extension of time is pending before the Court below. Therefore, the petitioner is entitled to statutory bail. The petitioner undertakes to abide by any conditions that this Court may impose while granting bail. was
5. The learned Assistant Public Prosecutor submits that the petitioner, along with the other accused, was involved in transporting 46.420 kgs of ganja, which constitutes a commercial quantity. It is further submitted that the prosecution filed a petition seeking extension of custody, and the said petition was allowed, granting time up to 210 days. The said period has also expired, and no petition seeking further extension of time is pending. The investigation is at a nascent stage, and therefore, it is urged that this Court dismiss the Criminal Petition. The allegation against the petitioner/Accused No.1 is that he was in possession of 46.420 kgs of ganja. The petitioner was arrested on 07.09.2025 and has been in judicial custody since then. A substantial portion of the investigation, insofar as the involvement of the petitioner is concerned, has
6. J been completed. All the material witnesses in this case are official witnesses. Therefore, the possibility of the petitioner threatening witnesses, tampering with evidence, or hampering the investigation does not arise. The petitioner is a permanent resident of Anakapalli District and has a fixed place of abode. It is further noted that the petitioner has been in judicial custody since 07.09.2025, and the statutory period has expired in this matter.
The learned Assistant Public Prosecutor also submits that the prosecution filed a petition seeking extension of custody, and the said petition was allowed, granting time up to 210 days. The said period has also expired, and no petition is pending seeking further extension of time. In view of the above, this Court is of the opinion that the petitioner is entitled to default bail. 7. Considering the facts and circumstances of the case, the nature and gravity of the allegations leveled against the petitioner/Accuse d No. 1, and particularly the fact that the statutory period has expired, this Court is inclined to enlarge the petitioner/Accused No. 1 on default bail. 8. In the result, the Criminal Petition is allowed with the following stringent conditions; i The Petitioner/Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Chinthapalli. I.
The Petitioner/Accused No.1 sha^l appear before the Station House Officer concerned, once in a week i.e., on every Sunday between 10.30 a.m. and 05.00 p.m., till filing of the charge sheet as and when required, iii. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. II. The Petitioner/Accused No.1 shall not, directly 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 or to any police officer. V. The Petitioner/Accused No.1 shall surrender his passport, if any, to the concerned Magistrate Court. If he claim that he do not have a passport, he shall submit an affidavit to that effect to the concerned Magistrate Court. IV. or Vi.
It is made clear that the Petitioner No.1 shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed. SD/-B.CHITT! JOSEPH DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// 5
p / \ To,
1. The Additional Judicial First Class Magistrate, Chinthapalli, Alluri Sita Rama Raju District. The I Addl.District & Sessions Judge for Trail of offences under NDPS Act, Visakhapatnam, Visakhapatnam District. The Superintendent, Central Jail, Visakhapatnam. The Station House Officer, G.K. Veedhi P.S., Alluri Sitharama Raju District. One CC to SRI. GOLLAPALLI MAHESWARA RAO Advocate [OPUC] Two CC to SRI. PUBLIC PROSECUTOR, High Court of A.P.,Amaravati [OUT] One spare copy
2. 3. 4. 5. 6. 7. \ HIGH COURT DR.VJPJ DATED:08.04.2026 BAIL ORDER CRLP.No.2480 OF 2026 I u wR® it ^/J ALLOWED