APHC010362452026 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE 23 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5827 OF 2026 Between: 1. Dumpeta Karthik, S/o. Srinivas Yousuf Nagar,Korutia Mandal, Karimnagar District,Telangana State. 2. Hrudaya Khara, ,S/o. Dhaniel Khara,aged about 39 years.R/o. Baida Katiaput Village, Koraput District, Odisha State. 1. The State of Andhra Pradesh, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the petitioners/accused no 1 , 2 on bail pending disposal of crime no 148/2026 of gopalapatnam PS visakhapatnam district and pass Counsel for the Petitioners: BOOSARA V N PRAVEEN KUMAR Counsel for the Respondent PUB 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5827 OF 2026 1. Dumpeta Karthik, S/o. Srinivas, aged about 21 years,R/o. H. No.4 Yousuf Nagar,Korutia Mandal, Karimnagar District,Telangana State. 2. Hrudaya Khara, ,S/o. Dhaniel Khara,aged about 39 years.R/o. Baida Katiaput Village, Koraput District, Odisha State. AND f Andhra Pradesh, Rep by its Public Prosecutor,High Court of radesh at Amaravati. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of ition, the High Court pleased to enlarge the petitioners/accused no 1 , 2 on bail pending disposal of crime no 148/2026 of gopalapatnam PS visakhapatnam district and pass Counsel for the Petitioners: BOOSARA V N PRAVEEN KUMAR Counsel for the Respondent PUBLIC PROSECUTOR IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO , aged about 21 years,R/o. H. No.4-6, Yousuf Nagar,Korutia Mandal, Karimnagar District,Telangana State. 2. 2. Hrudaya Khara, ,S/o. Dhaniel Khara,aged about 39 years.R/o. Baida ...Petitioners f Andhra Pradesh, Rep by its Public Prosecutor,High Court of ...Respondent Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of ition, the High Court pleased to enlarge the petitioners/accused no 1 , 2 on bail pending disposal of crime no 148/2026 of gopalapatnam PS Counsel for the Petitioners: BOOSARA V N PRAVEEN KUMAR 2 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 and 2 on bail in Crime No. 148 of 2026 of Gopalapatnam Police Station, Visakhapatnam District, registered against the Petitioners/Accused Nos.1 and 2 herein for the offence punishable under Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor. 3. The Petitioners are permanent resident of Yousuf Nagar, Korutla Mandal, Karimnagar District, Telangana State and Balda Katiaput Village, Koraput District, Odisha State. They were arrested on 03.06.2026. They have been in judicial custody for the past 51 days. The Petitioners 1 and 2 were allegedly found in possession of 1.7 Kgs of ganja, which is not a commercial quantity. If Accused No.1 is enlarged on bail with certain stringent conditions, he may not interfere with further progress of investigation or hampering the investigation. Accused No.1 impressional age of 21 years. So far, three witnesses were examined, they are all material witnesses. Material portion of investigation with regard to alleged role played by the Petitioner No.1 is completed. 4. The Petitioner No.2/ Accused No.2 has not mentioned about the pending case against him in the bail application as mandated. In this regard, it 3 is apposite to refer to the judgment of the Hon’ble Apex Court in Zeba Khan v. State of U.P.,1 wherein, at Paragraph Nos. 47 and 48, it was observed that bail applications are often considered on the basis of prima facie material placed before the Court at different stages of the proceedings. The Court held that non-disclosure of material facts, such as criminal antecedents, prior bail rejections, custody period, and the stage of trial, may result in an erroneous grant or refusal of bail. It was further held that every bail applicant is under an obligation to disclose all material particulars, including criminal antecedents and any coercive processes pending against him, duly supported by an affidavit. Such disclosure is necessary to ensure transparency, uniformity, and integrity in bail adjudication. 5. The petitioner shall be presumed to be innocent until the guilty is proved. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh2 at para No.7 observed that criminal similar adverse antecedents cannot be basis for refusal of bail. However, the alleged offence is only transportation of 1.7 kgs ganja. Since the Petitioner is a habitual offender, the Petitioner No.2/ Accused No.2 is not enlarged on bail at this point as investigation not yet been completed. If the Petitioner No.2/ Accused No.2 is released on bail prejudice will be caused to process of investigation at this stage and there is every likelihood that the Petitioner No.2/ Accused No.2 would commit similar offence in further. 12026 SCC Online 188 2 (2020) 11 SCC 648 4 6. Having regard to the entire facts and circumstances of the case and in view of the law laid down by the Hon’ble Apex Court in Zeba Khan supra, this Court is not inclined to enlarge the Petitioner No.2/ Accused No.2 on bail at this juncture. Accordingly, the Criminal Petition is liable to be dismissed against Petitioner No.2/ Accused No.2. 7. Having regard to the nature and gravity of allegation levelled against the Petitioner No.1/ Accused No.1, his alleged role played in this case, and the period of detention undergone by the Petitioner No.1/ Accused No.1, this Court is inclined to enlarge the Petitioner No.1/ Accused No.1 on bail with the following stringent conditions: 8. In the result, the Criminal Petition is partly allowed with the following conditions: i. The Petitioner No.1/ Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum each to the satisfaction of the learned I Additional District and Sessions Judge – Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The Petitioner No.1/ Accused No.1 shall not commit or indulge in commission of any offence in future. iii. The Petitioner No.1/ Accused No.1 shall cooperate with the investigating officer in further investigation of the case and 5 shall make himself available for interrogation by the investigating officer as and when required. iv. The Petitioner No.1/ Accused No.1 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 or to any police officer. v. The Petitioner No.1/ Accused No.1 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: 23.07.2026. KK 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5827 OF 2026 Date: 23.07.2026. KK