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2026 DAILYLAW 7180 (AP)

Pabitra Khara v. The State of Andhra Pradesh

CRLP/6713/2026 · 2026-08-18

Y Lakshmana Rao

body2026

Judgment text

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{ ■ \ APHC01040e482026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I WEDNESDAY, THE 19*^ DAY OF AUGUST 2026 J ^ PRESENT V ^ THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA^ CRIMINAL PETITION NO: 6713 OF 2026 Between: Pabitra Khara, S/o. Gangadhar Kbara, aged about 20 years,R/o. Ful Podar Village, Bodapodar Panchayat,Chitrakonda Block, Malkangiri District, Odisha State. A ...Petitioner/Accused No.6 % AND The State of Andhra Pradesh, Rep by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...Respondent Petition under Section 437 and 439 Cr.P.C and Sec 480 & 483 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Petitioner/Accused No.6 on bail pending disposal of Crime No.49/2025 of Koyyuru Police Station, Alluri Sitharama Raju District. j The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri —-BAIABHADRUNI MANOHAR for the Petitioner, PUBLIC PROSECUTOR for the Respondent and the Court made the following. ORDER: enlarge the !■ APHC010408482026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE 19‘^ DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHIVIANA RAO CRIMINAL PETITION NO: 6713/2026 Between: 1.PABITRA KHARA, S/O. GANGADHAR KHARA, AGED ABOUT 20 YEARS,R/O. FUL PODAR ViLLAGE, BODAPODAR PANCHAYAT,CHITRAKONDA BLOCK, MALKANGIRI DISTRICT, ODISHA STATE. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.BALABHADRUNI MANOHAR Counsel for the Respondent/complainant: 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.6 on bail in Crime No.49 of 2025 of 2 Dr.YLR, Crl.P.No.6713of202t Dated 19.08.2026 Koyyuru Police Station, Alluri Sitharama Raju District, registered against the Petitioner/Accused No.6 herein for the offences punishatsle 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023 (for brevity 'the BNS') and Sectbns 8(c) read with 20(b)(iiXC), 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. On a perusal of the j^ecord, the Petitioner/Accused No.6 is at an impressionable age of 20 years and is a student. The allegation against the Petitioner is that he accompanied Accused No.1 on a scooty for a paltry sum of Rs.5,000/-. No similar adverse antecedents are reported against the Petitioner. The charge sheet was filed after completion of a thorough investigation on 17.04.2026 and the same was numbered as NSC.No.237 of 2026. The Petitioner was arrested on 21.11.2025 and has been in judicial custody for the past 271 days. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioner/Accused No.6, this Court is inclined to enlarge the Petitioner/Accused No.6 on bail, subject to the following stringent conditions, i. The Petitioner/Accused No.6 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 under Sections • 2. 3. 4. 3 Dr.YLR, J Crl.P.No.6713 of 2026 Dated 19.08.2026 satisfaction of the learned Judicial First Class Magistrate, Chintapalli. ii. The Petitioner/Accused No.6 shall appear before the learned Trial Court on each and every adjournment without fail, iii. The Petitioner/Accused No.6 shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned, iv. The Petitioner/Accused No.6 shall not commit or indulge in commission of any offence in future. V. The Petitioner/Accused No.6 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.6 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, vii. The Petitioner/Accused No.6 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. In the result, the Criminal Petition is allowed. -yf ■■'•’C. 5. / SD/- P.SIVA SITA RAMA KUMAR ASSISTANT GISTRAR //TRUE COPY// SECTION OFRCER To To, 1. The Judicial Magistrate of First Class Magistrate, Chinthapalli, Visakhapatnam. 2. The Superintendent of Central Jail, Visakhapatnam District. < 3. The Station House Officer, Koyyuru Police Station, Alluri sitharama Raju District. r r 4. One CC to SRI. BALABHADRUNI MANOHAR Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 6. One spare copy %■ X. i 1 HIGH COURT DR.YLR, J DATED:19/08/2026 BAIL CRLP NO. 6713 OF 2026 .fr'- ALLOWED