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2026 DAILYLAW 4191 (AP)

Boddu Abhishek v. The State of Andhra Pradesh

CRLP/5096/2026 · 2026-07-01

Y Lakshmana Rao

body2026

Judgment text

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Date of reserved for orders : Nil Date of pronouncement : 02.07.2026 Date of uploading : 07.07.2026 APHC010318712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE 2nd DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5096/2026 Between: 1. BODDU ABHISHEK, S/O SRINIVAS A/2 21 YEARS, DOOR NO.3 TANK BUND, NEARSAI BABA TEMPLE OPPOSITE, NEAR SAI TIFFIN CENTRE, DBR MILLS, VARTHAPAPER OFFICE, SECUNDERABAD, TELANGANA, N/O KATARAM VILLAGE, JAYASANKAR BHUPALAPALLY, TELANGANA STATE. 2. DUARGAM MARUTHI, S/O SAMMAIHA A/21 YEARS, RESIDENT OF DOOR NO. 5-51, IPPALAGUDEM VILLAGE KARARAM MANDAL, JAYA SANKAR BHOOPALAPALLIDISTRICT TELANGANA STATE. A-2 3. GUNTA SUDHARSHAN, , S/O GOPI A/ 21 YEARS, NATIVE KADUGULA VILLAGE,RINTHADA POST, CHINTHAPALLI MANDAL, PRESENTLY RESIDING AT 1 CROSSROAD, SELURU WORKING AS AN OPTING DRIVER IN THE OFFICE OF THE EXECUTIVEENGINEER AT APGENCO SEELERU. A-3 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, ,Rep. by its Public Prosecutor,High Court of Andhra Pradeshat Amaravati. 2 ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. DR MEDISI RATNA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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 Petitioners/Accused Nos.1 to 3 on bail in Crime No.06 of 2026 of Donkarai Police Station, Polavaram District, registered against the Petitioner Nos.1 to 3/Accused Nos.1 to 3 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr. Medisi Ratna Rao, learned counsel for the Petitioners, submits that the Petitioners are innocent of the alleged offence. They have been falsely implicated in this case. He submits that the Petitioners have not committed any offence. They are law-abiding citizens. They have got fixed abode. The Petitioners undertakes to abide by any conditions that this Court may impose while granting bail. Therefore, it is urged to allow the Criminal Petition. 3 3. Per contra, Mr.K.Sandeep, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the Petitioners. It is submitted that the investigation is not yet completed and that some more witnesses are yet to be examined. Hence, it is urged to dismiss the Criminal Petition. 4. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the allegation against Petitioner Nos.1 and 2/Accused Nos.1 and 2 is that they intended to consume 2 kgs of ganja supplied by Petitioner No.3/Accused No. 3. Accused No. 3 is alleged to be the seller of the ganja. The Petitioners were arrested on 12.06.2026. They have been in judicial custody for the past 20 days only. 6. So far, four witnesses have been examined. The investigation is at progressive stage, and some more material witnesses are yet to be examined. Substantial portion of the investigation is not completed. Therefore, the request of the Petitioner for enlargement on bail is not found convincing or reasonable at this juncture. 7. Having regard to the facts and circumstances of the case and in view of the pendency of investigation, this Court is not inclined to enlarge the Petitioner Nos.1 to 3/Accused Nos.1 to 3 on bail at this juncture. Accordingly, the Criminal Petition is liable to be dismissed. 4 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:02.07.2026 PRA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 141 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5096 of 2026 Date: 02.07.2026 PRA