APHC010352982026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5700/2026 Between: HORO SANJAYA KUMAR, S/O SOMARA HORO,AGED ABOUT 29 YEARS, OCC PRIVATE, R/O FLAT NO.114, MW OZONE APARTMENTS, MIDHILAPURI, VUDA COLONY, VISAKHAPATNAM ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by the Station House Officer,P.M. Palem Police Station, Visakhapatnam City through The Public Prosecutor,High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: VAMSI KRISHNA VARANASI Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.5700 of 2026 Dated 20.07.2026 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.4 on bail in Crime No.261 of 2026 of P.M.Palem Police Station, Visakhapatnam District, registered against the Petitioner/Accused No.4 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.Vamsi Krishna Varanasi, 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. He is a law-abiding citizen. 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, Ms.P.Akhila Naidu, 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.5700 of 2026 Dated 20.07.2026 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.4. It is alleged that he was found in conscious possession and transportation of 1.5 Kgs. of ganja, which is not a commercial quantity. He was arrested on 12.05.2026 and has been in judicial custody for the past 69 days. So far, six witnesses have been examined. All of them are official witnesses. The petitioner is a permanent resident of Visakhapatnam. He has got fixed abode. The material portion of the investigation with regard to the alleged role played by the petitioner has been completed. Therefore, the scope of the petitioner threatening the witnesses, tampering with the evidence, and hampering the investigation may not arise. No application seeking the custodial interrogation of the petitioner has been filed. The period for seeking custodial interrogation has also expired. There is one adverse antecedent reported against the petitioner in Crime No.622 of 2025. 6. Be that as it may, the Petitioner/Accused No.4 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 1 (2020) 11 SCC 648 4 Dr.YLR,J Crl.P.No.5700 of 2026 Dated 20.07.2026 grant of bail. If the petitioner is enlarged on bail, he is likely to cooperate with the Trial Court for the expeditious disposal of the case. 7. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.4, this Court is inclined to enlarge the Petitioner/Accused No.4 on bail with some stringent conditions. 8. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.4 shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the learned XVI Additional Judicial Magistrate of First Class, Bheemunipatnam. ii. The Petitioner/Accused No.4 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.4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. 5 Dr.YLR,J Crl.P.No.5700 of 2026 Dated 20.07.2026 iv. The Petitioner/Accused No.4 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.4 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. vi. The Petitioner/Accused No.4 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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 20.07.2026 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.5700 of 2026 Dated 20.07.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5700 of 2026 Date: 20.07.2026 RSI