APHC010411012026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE 14th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6747/2026 Between: 1. DEVARAJ POOJARI ALIAS DEVARAJ, S/O. ACHUTHA POOJARI, AGED 38 YEARS, R/O.D.N0.5-74/A, SAMPIGENAGAR, UDAYAVARA POST, UDUPI, KARNATAKA STATE -574118. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District Andhra Pradesh Mangalagiri Rural Police Station ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. CHETAN PONNURU 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 No.2 on bail in Crime No.266 of 2025 of Mangalagiri Rural Police Station, Guntur District, registered for the alleged offences punishable under Sections 8(c) read with 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.Chetan Ponnuru, the learned Counsel for the Petitioner submits that the Petitioner is innocent of the alleged offence and 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. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition. 3. Per contra, Mr.Neelotpal Ganji, 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 ongoing investigation and evading the process of law and urged to dismiss the Petition. 3 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the Petitioner is arraigned as Accused No.2 in this case. The allegation against Accused No.1 is that he was found in possession of Hydro Ganja, MDMA tablets and MDMA crystal weighing 41.5 kgs. The role of the Petitioner has come to light based on the confession of Accused No.1, pursuant to which 1.65 grams of LSD bolts were recovered. The Petitioner was arrested on 11.02.2026. He has been in judicial custody for the past 184 days. Even after completion of 180 days, the charge sheet has not yet been filed, and no application has been filed seeking extension of the judicial custody beyond 180 days. 6. This is the second bail application filed by the Petitioner. The first bail application in Crl.P.No.5466 of 2026 was dismissed by this Court on 14.07.2026. However, this Court, in Crl.P.No.9960 of 2025 vide order dated 26.09.2025, enlarged Accused No.1 on bail. The Petitioner is a permanent resident of Udupi, Karnataka State. He has got fixed abode. If the Petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his interfering with the investigation, threatening the witnesses, or tampering with the evidence. 7. Having regard to the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2, this 4 Court is inclined to enlarge the Petitioner/Accused No.2 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.2 shall be enlarged on bail subject to him 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 Additional Judicial Magistrate of First Class-cum-Civil Judge (Junior Division), Mangalagiri. ii. The Petitioner/Accused No.2 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.2 shall not commit or indulge in commission of any offence in future. iv. The Petitioner/Accused No.2 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 No.2 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 No.2 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: 14.08.2026 PRA 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6747 of 2026 Date: 14.08.2026 PRA