1 Dr.YLR, J Crl.P.No.4776 of 2026 Dated 30.06.2026 Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010298282026 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: 4776/2026 Between: 1. TANNEERU NARESH KUMAR, S/O. T. VENKATA SUBBARAO, AGED 42 YEARS, R/O. 4-1350, KHR RESIDENCY, RAJA RAJESHWARI NAGAR, KONDAPUR, 500084. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Through P.S. Rayachoti, Rep. by Public Prosecutor High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. AISHWARYA NAGULA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟) by the 2 Dr.YLR, J Crl.P.No.4776 of 2026 Dated 30.06.2026 Petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.292 of 2026 of Rayachoti Urban Police Station, Annamayya District, registered for the alleged offences punishable under Sections 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity „the BNS‟) and Section 20(b)(ii)(B) 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 stemming from the prosecution are that the de-facto complainant alleged that, owing to a financial dispute relating to money collected on the pretext of providing software jobs, the accused conspired to falsely implicate him in a ganja case. It is alleged that the accused, acting in furtherance of their common intention, apprehended the complainant at Rayachoty and falsely showed recovery of 150 grams of ganja from his possession. During the preliminary enquiry, the involvement of the accused in the alleged false implication came to light. Based on the Special Report, the police registered the present crime and took up investigation. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER 3. Ms. Aishwarya nagula, learned Counsel for the Petitioner, submits that the Petitioner has been falsely implicated as Accused No.1 and that the allegations in the FIR do not disclose the essential ingredients of the offences alleged against him. It is submitted that the alleged financial transaction was exclusively between the de-facto complainant and Accused No.6, and there 3 Dr.YLR, J Crl.P.No.4776 of 2026 Dated 30.06.2026 are no specific allegations that the Petitioner received any money, threatened the complainant, or was present at the place of occurrence. It is further contended that, at the relevant time of the alleged incident, the Petitioner was travelling from Tirupati to Hyderabad by flight, as evidenced by the flight records, thereby disproving his presence at the scene. It is also argued that there is an unexplained delay of about ten days in lodging the FIR and that no recovery of ganja was effected from the conscious possession of the Petitioner. Therefore, the Petitioner, who is willing to cooperate with the investigation, and it is urged to grant pre-arrest bail to the Petitioners. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 4. Per contra, Sri A. Sai Rohit, learned Assistant Public Prosecutor, vehemently opposed granting of pre-arrest bail contending that the investigation is at a nascent stage and the custodial interrogation of the Petitioner is imperative for eliciting material facts. It is submitted that if the Petitioner is granted pre-arrest bail, there is a grave apprehension that he may not cooperate with the investigation and may evade the process of law and it is prayed that the instant bail application be dismissed. 5. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. POINT FOR CONSIDERATION: 6. 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: 4 Dr.YLR, J Crl.P.No.4776 of 2026 Dated 30.06.2026 “Whether the Petitioner is entitled for grant of pre-arrest bail?” ANALYSIS AND CONCLUSION: 7. As seen from the record, there is a delay of nearly 10 days in lodging the FIR. The alleged incident is stated to have occurred on 24.05.2026 at 10:30 A.M., whereas the complaint was lodged only on 03.06.2026. Further, there is no specific allegation against the Petitioner that he was in conscious possession of, or that any recovery was effected from him in respect of, the seized contraband of 150 grams of ganja. 8. Having regard to the facts circumstances of the case, the gravity and nature of the allegations levelled against the Petitioner, this Court is inclined to grant pre-arrest bail to the Petitioner/Accused No.1. 9. In the result, Criminal Petition is allowed with the following conditions: i. In the event of arrest, Petitioner/Accused No.1 shall be enlarged on bail subject to he executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for the like sum each to the satisfaction of the arresting police officials. ii. The Petitioner Petitioner/Accused No.1 shall make himself available for investigation as and when required. iii. The Petitioner/Accused No.1 shall not cause any threat, inducement or promise to the prosecution witnesses. iv. The Petitioner/Accused No.1 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. 5 Dr.YLR, J Crl.P.No.4776 of 2026 Dated 30.06.2026 v. The Petitioner/Accused No.1 shall not leave the State of Andhra Pradesh without the express permission from the Station House Officer concerned. vi. The Petitioner/Accused No.1 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 Dated: 30.06.2025 KMS Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 Dr.YLR, J Crl.P.No.4776 of 2026 Dated 30.06.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4776 of 2026 Date: 30.06.2026 KMS