[3521 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY JHE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY SIX iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5225 OF 2026 .5> 35? Between: Virumandi Gopi, S/o Virumandi, Aged 49 years,N/o Kumadalluru Village, Kumandalum Village,Atibalpl Taluk, Teni District, State of Tamil Nadu.R/o Nimmavanipeta Colony, Tagarapuvalasa Village,Bheemunipatnam Mandal, Visakhapatnam District Petitioner/Accused No.5 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of Judicature of Andhra Pradeshat Amaravati. Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioners/Accused No. 5 on bail in Crime No. 94 of 2025, On the file of the Bondapalli Police Station COUNSEL FOR THE PETITIONER ; SRI. DASARI RAMAKOTESWAR RAO COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER 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 Petitioner/Accused No.5 on bail in Crime No.94 of 2025 of Bondapalli Police Station, Vizianagaram, registered against the Petitioner/Accused No.5 herein for the offences punishable under 8(c) read with Section 20 (b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for brevity ‘the NDPS Act’). Mr. Dasari Ramakoteswar Rao, learned counsel for the Petitioner, 2. submits that the Petitioner is innocent of the alleged offence and has been falsely implicated by the police. The Petitioner has not committed any offence. He is a law-abiding citizen. The Petitioner undertakes to abide by any conditions that this Court may deem fit to impose while granting bail. Hence, it is urged to allow the petition. Per contra, Mr. K. Sandeep, learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the Petitioner, submitting that the investigation is still in progress 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 of his absconding, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, it is urged that the petition be dismissed. 3. 4. Heard learned counsel for {he Petitioner and learned Assistant Public Prosecutor. Perused the record. 5. On a perusal of the record, it is evident that the petitioner has been arrayed as Accused No.5. The petitioner is aged about 49 years and is a permanent resident of the State of Tamil Nadu, having a fixed place of abode. He was arrested on 07.08.2025 and has been in judicial custody for the past 334 days. Though the investigation has been completed and the charge sheet has been filed, the same was not filed within the statutory period of 180 days. Further, no application was filed by the prosecution seeking extension to retain the petitioner in custody beyond the said period of 180 days. The involvement of the petitioner came to light based on the confession of Accused No.1. The petitioner was not found in possession of the contraband. Although the contraband involved is 100 kilograms, which is a commercial quantity. It is brought to the notice of this Court that antecedent in Crime No.47 of 2018 more than eight years ago. 6. Indeed, the existence of adverse antecedents of of time one similar criminal was registered against the petitioner. a similar nature by Itself IS not a sole ground for refusing the request for grant of regular or pre arrest bail, as held by the Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh and others^. Even otherwise be innocent until proven guilty. an accused is presumed to 2020 (11) see 648- 7. Having regard to the nature of the allegations, the stage of the case and the material placed on record, this Court is of the view that, if the petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his tampering with the prosecution evidence or influencing the witnesses. 8. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.5, this Court is inclined to enlarge the Petitioner/Accused No.5 on bail with some stringent conditions. 9. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.5 shall be enlarged on bail subject to his executing a bond for a sum of Rs. 1,00,000/- (Rupees One lakh only) with two sureties for the like sum to the satisfaction of the learned Special Judge for Trial of Cases under NDPS Act-cum-l Additional Sessions Judge at Vizianagaram. ii. The Petitioner/Accused No.5 shall appear before the learned Trial Court on each and every adjournment without fail. iii. The Petitioner/Accused No.5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial CoCirt^oncerned. f iv. The Petitioner/Accused No.5 shall not commit or indulge in commission of any offence in future. V. The Petitioner/Accused No.5 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. vi. The Petitioner/Accused No.5 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. SDI- P.SIVA SITA RAMA KUMAR ASSISTANT R^'SJR AR //TRUE COPY) SECTION OFFICER To, 1. The Special Judge for Trail of Cases under NDPS Act-cum-l Additional Sessions Judge, Vizianagaram 2. The Judicial First Class Magistrate at Gajajpathinagaram 3. The Superintendent, Central Prison, Visakhapatnam 4. The Station House officer, Bondapalli Police Station 5. One CC to SRI. DASARI RAMAKOTESWAR RAO Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of A.PfOUT] 7. One spare copy \ HIGH COURT DR.YLR.J DATED:07/07/2026 BAIL ORDER CRLP.No.5225 of 2026 ALLOWED I r f