Extracted from the PDF above. The PDF is authoritative.
Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010306022026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 30th DAY OF JUNE 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4845/2026 Between:
1. M IBRAHIM KHALEEL, S/O. MAHABOOB PHEER, AGED ABOUT 22 YEARS,R/O. 2 DIVISION, BOMMANAKATTE, HIRIYUR,BHADRAVATI, SHIVAMOGGA DISTRICT, KARNATAKA STATE. 2. MEHANATH DIN S KHALANDAR, S/O. SADIQ PASHA, AGED ABOUT 19 YEARS,R/O. SAIYAD COLONY, 3 CROSS, SIGEBAGE,BHADRAVATI, SHIVAMOGGA DISTRICT, KARNATAKA STATE. ...PETITIONER/ACCUSED(S) AND
1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):
1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
2
Dr.YLR, J
Crl.P.No.4845 of 2026
Dated 30.06.2026
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 Petitioners/Accused Nos.1 and 2 on bail in Crime No.61 of 2026 of Government Railway Police Station, Vizianagaram District, registered against the Petitioners/Accused Nos.1 and 2 herein for the 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. Mr. G. Maheswara Rao, learned Counsel for the Petitioners, submits that the Petitioners are innocent of the alleged offence and that they have been falsely implicated in the alleged offence. They have not committed any offence. They are a law-abiding citizen and have a fixed abode. The learned Counsel for the Petitioners further submits that the Petitioners are aged about 22 and 19 years. There are no similar adverse antecedents reported against the Petitioners. The Petitioners undertakes to abide by any conditions that this Court may impose while granting bail to the Petitioners. Therefore, he urged that the present petition be allowed. 3. Per contra, Mr.A. Sai Rohit, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the Petitioners. It is submitted
3
Dr.YLR, J
Crl.P.No.4845 of 2026
Dated 30.06.2026
that the investigation is not completed and some more material witnesses have to be examined. Hence, it is urged that the petition be dismissed. 4. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 5.
As seen from the record, the Petitioners have been arraigned as Accused Nos.1 and 2. It is alleged that they were found in possession of 16 Kgs of Ganja. No doubt, the quantity seized is not commercial but intermediate in nature, and no similar adverse antecedents have been reported against the Petitioners. The Petitioners were arrested on 06.05.2026 and have been in judicial custody for the past 55 days. The Petitioners claim that they are permanent residents of Shivamogga District in the State of Karnataka. However, they have not placed any material on record to establish that they are ordinarily residing at the addresses furnished by them. Further, the investigation is still in progress. So far, only six witnesses have been examined, and a substantial part of the investigation remains to be completed. Several material witnesses are yet to be examined. 6. In the above circumstances, notwithstanding the absence of any similar adverse antecedents, this Court is of the view that the request of
4
Dr.YLR, J
Crl.P.No.4845 of 2026
Dated 30.06.2026
the Petitioners for enlargement on bail is not convincing or reasonable at this stage, particularly when the investigation is still at a nascent stage. 7. Having regard to the facts and circumstances of the case and the pendency of the investigation, this Court is not inclined to enlarge the Petitioners/Accused Nos.1 and 2 on bail at this juncture. Accordingly, the Criminal Petition is liable to be dismissed. 8. In the result, the Criminal Petition is dismissed. As a sequel, miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date:30.06.2026 KMS
Whether the order is :
Speaking Yes/No / Reasoned Yes/No
Reportable Yes/No / Non-Reportable Yes/No
5
Dr.YLR, J
Crl.P.No.4845 of 2026
Dated 30.06.2026
91 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 4845 of 2026
Date: 30.06.2026 KMS