Date of reserved for orders : Nil Date of pronouncement : 14.07.2026 Date of uploading : APHC010341292026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 14th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5466/2026 Between: DEVARAJ POOJARI ALIAS DEVARAJ, S/O. ACHUTHA POOJARI, AGED 38 YEARS, R/O.D.NO.5-74/A, SAMPIGENAGAR, UDAYAVARA POST, UDUPI, KARNATAKA STATE -574118. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, HighCourt of Andhra Pradesh, High Court Buildings at Nelapadu, GunturDistrict, Andhra Pradesh Mangalagiri Rural Police Station. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: CHETAN PONNURU Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.5466 of 2026 Dated 14.07.2026 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.266 of 2025 of Mangalagiri Rural Police Station, Guntur District, registered against the Petitioner/Accused No.2 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.Chetan Ponnuru, the learned counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and he has been falsely implicated in the alleged offence. He has not committed any offence. He is a law-abiding citizen. He has got fixed abode. The Petitioner undertakes to abide by any conditions that this Court may impose while granting bail to the Petitioner. Therefore, he prays that the present petition be allowed. 3. Per contra, Mr.A.Rohit, the learned Assistant 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.5466 of 2026 Dated 14.07.2026 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 Assistant Public Prosecutor. Perused the record. 5. As seen from the record, the petitioner is arraigned as Accused No.2. It is alleged that he acted as a packing coolie. This Court enlarged Accused No.1 on regular bail vide order dated 26.09.2025 in Crl.P.No.9960 of 2025. The petitioner is a permanent resident of Udupi, Karnataka State. He was arrested at Udupi, Karnataka State. The FIR was registered on 23.06.2025. Pursuant to the confession allegedly made by the petitioner, 1.65 grams of LSD blots were recovered. So far, only seven witnesses have been examined. Similar adverse antecedents have been reported against the petitioner in the State of Karnataka. 6. Be that as it may, the Petitioner/Accused No.2 is presumed to be innocent until the guilt is proved. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh 1 , at para No.7, observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail. The investigation is still at a nascent stage, and some more material witnesses are yet to be examined. If the petitioner is enlarged on bail at this juncture, there is every likelihood that he may not cooperate with the trial and may evade the process of law. 1 (2020) 11 SCC 648 4 Dr.YLR,J Crl.P.No.5466 of 2026 Dated 14.07.2026 7. Having regard to the entire facts and circumstances of the case, the nature and gravity of the offence, this Court is not inclined to enlarge the petitioner/Accused No.2 on bail at this juncture. Accordingly, this Court finds no merit in the Criminal Petition, and the same 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: 14.07.2026 RSI Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 Dr.YLR,J Crl.P.No.5466 of 2026 Dated 14.07.2026 33 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5466 of 2026 Date: 14.07.2026 RSI