APHC010395962026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6458/2026 Between: 1. PAVITRO NAYAK, S/O MADHUSUDHAN NAYA,AGE 26 YEARS, R/0 KAMARBELGON VILLAGE, MALIBELGAON PANCHAYAT ,NANDUPUR BLACK, KORRAPUT DISTRICT ODISHA STATE 2. GOPAL BADANAYAK, S/O CHANDRA BADANAYAK,AGE 24 YEARS, R/P BADATANKUA VILLAHE, MALIBELGAON PANCHAYAT,NANDAPUR BLACK, KOORAPUT DISTRICT, ODISHA STATE ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, through Station House officer,Pedabayaiu Policp Station, Visakhapatnam Rep. by Public Prosecutor,High Court at Aniaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. RAMINENI SUDHEER Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 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 Nos.2 & 3 on bail in Cr.No.27 of 2026 on the file of Pedabayalu Police Station, Alluri Sitharama Raju District, registered for the alleged offences punishable under Sections 20(b)(ii)(B), 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.Ramineni Sudheer, learned counsel for the Petitioners submits that the Petitioners are innocent of the alleged offence and they have been falsely implicated by the Police. It is further submitted that the Petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice. 3. Per contra, Mr.A.Sai Rohith, learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioners, submits that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on bail at this stage, there is a strong likelihood that they may abscond, thereby hampering 3 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 Petitioners and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the Petitioners were arraigned as Accused Nos.2 and 3 in this case. The Petitioners were arrested on the spot while in possession and transportation of 3 kgs of ganja in a scooty. The seized contraband is not a commercial quantity. The Petitioners were arrested on 09.07.2026. They have been in judicial custody for the past 28 days. So far, 4 witnesses have been examined. There are no similar adverse antecedents reported against the Petitioners. The Petitioners are permanent residents of Odisha State. They have got fixed abode. If the Petitioners are enlarged on bail subject to stringent conditions, there is no likelihood of their interfering with the investigation, threatening the witnesses, or tampering with the evidence. 6. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the Petitioners/Accused Nos.2 and 3, this Court is inclined to enlarge the Petitioners/Accused Nos.2 and 3 on bail subject to stringent conditions. 7. In the result, the Criminal Petition is allowed with the following conditions: 4 i. The Petitioner/Accused Nos.2 & 3 shall be enlarged on bail subject to them executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Paderu. ii. The Petitioner/Accused Nos.2 & 3 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 Nos.2 & 3 shall not commit or indulge in commission of any offence in future. iv. The Petitioner/Accused Nos.2 & 3 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. v. The Petitioner/Accused Nos.2 & 3 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. vi. The Petitioner/Accused Nos.2 & 3 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavits to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 06.08.2026 PRA 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6458 of 2026 Date: 06.08.2026 PRA