APHC010368532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5940/2026 Between: BHAGYABATI KAMUDI, D/O TRIPATI KAMUDI,AGED 33 YEARS, R/O RASAPUT VILLAGE,KULARSING PADUVA, NANDAPUR DISTRICT, ODISHA STATE. A-1 ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradeshat Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: KOPPISETTI PARVATI DEVI Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.5940 of 2026 Dated 24.07.2026 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.1 on bail in Crime No.74 of 2026 of II Town Police Station, Visakhapatnam City, registered against the Petitioner/Accused No.1 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.T.Tejeswara Rao, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and she has been falsely implicated by the police. She 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, 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 she may abscond, thereby 3 Dr.YLR,J Crl.P.No.5940 of 2026 Dated 24.07.2026 hampering the 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.1. There are no adverse antecedents reported against the petitioner. It is alleged that the petitioner was found in conscious possession of and transporting 13.00 kgs of ganja, which is not a commercial quantity. She was arrested on 30.05.2026 and she has been in judicial custody for the past 54 days. So far, six witnesses have been examined. All of them are official witnesses. The petitioner is a permanent resident of State of Odisha. She 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. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.1, this Court is inclined to enlarge the Petitioner/Accused No.1 on bail with some stringent conditions. 4 Dr.YLR,J Crl.P.No.5940 of 2026 Dated 24.07.2026 7. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioner/Accused No.1 shall be enlarged on bail subject to her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the learned II Additional Chief Judicial Magistrate, Visakhapatanam. ii. The Petitioner/Accused No.1 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.1 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.1 shall cooperate with the investigating officer in further investigation of the case and shall make herself available for interrogation by the Investigating Officer as and when required. vi. The Petitioner/Accused No.1 shall not, directly or indirectly, make any inducement, threat or promise to 5 Dr.YLR,J Crl.P.No.5940 of 2026 Dated 24.07.2026 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: 24.07.2026 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.5940 of 2026 Dated 24.07.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5940 of 2026 Date: 24.07.2026 RSI