Date of reserved for orders : Nil Date of pronouncement : 01.07.2026 Date of uploading : APHC010315912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5055/2026 Between: KUNCHAPU SURESH, S/O. SAMBAIAH,AGED ABOUT 24 YEARS, R/O. D. NO. 6-165,VADDERA BAZAAR, 6TH WARD, KAREMPUDI VILLAGEPALNADU DISTRICT, A.P. - 522614. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Through Station House Officer,Kancharapalem Police Station,Visakhapatnam Commissionerate,Rep. by its Public Prosecutor,High Court of Andhra Pradesh, at Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: BHUVANAGIRI SUBRAMANYA KUMAR Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.5055 of 2026 Dated 01.07.2026 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.2 on bail in Crime No.19 of 2026 of Kancharapalem Police Station, Visakhapatnam District, registered against the Petitioner/Accused No.2 herein for the offences punishable under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.B.Subramanya Kumar, 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. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice. 3. Per contra, Mr.P.Somayaji, the learned Additional 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 3 Dr.YLR,J Crl.P.No.5055 of 2026 Dated 01.07.2026 ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. Perused the record. 5. As seen from the record, the petitioner is arrayed as Accused No.2. He was arrested on 16.03.2026 and has been in judicial custody for the past 105 days. The role of the petitioner came to light based on the confessional statement of Accused No.1. The petitioner was not found in possession of the 2.200 kgs of ganja, as the said contraband was seized from the possession of Accused No.1. The learned Additional Public Prosecutor submits that one similar adverse antecedent has been reported against the petitioner in Crime No.232 of 2025, wherein it is also alleged that the petitioner was involved in the possession and transportation of 2.200 kgs of ganja. So far, three 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 Palnadu District and he has got fixed abode. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioner/Accused No.2, this 4 Dr.YLR,J Crl.P.No.5055 of 2026 Dated 01.07.2026 Court is inclined to enlarge the petitioner/Accused No.2 on bail subject to some stringent conditions. 7. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.2 shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned VII Additional Judicial Magistrate of First Class at Visakhapatnam. ii. The Petitioner/Accused No.2 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.2 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.2 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.2 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. 5 Dr.YLR,J Crl.P.No.5055 of 2026 Dated 01.07.2026 vi. The Petitioner/Accused No.2 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.2 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: 01.07.2026 RSI Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 Dr.YLR,J Crl.P.No.5055 of 2026 Dated 01.07.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5055 of 2026 Date: 01.07.2026 RSI