[3521] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA WEDNESDAY, THE 5^^ DAY OF AUGUST, 2026 :PRESENT: THE HONOURABLE Dr JUSTICE Y. LAKSHIVIANA RAO ^ CRIMINAL PETITION NO: 6373 OF 2026 ■~v> Between: Hrudaya Khara, S/o. Dhaniel khara, aged about 39 years, R/o. Baida Katiaput Village, Koraput District, Odisha State. Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. Respondent Petition under Section 437 & 439 of Cr.P.C/ 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.2 on bail pending disposal of Crime No. 148/2026 of Gopalapatnam P.S., Visakhapatnam District; The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. BOOSARA V N PRAVEEN KUMAR, Advocate for the Petitioner PUBLIC PROSECUTOR for the Respondent; The Court made the following: and of 2 Dr.YLR,J Crl..PNo.6373 of 2026 Dated 05.08.2026 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.2 on bail in Crime No. 148 of 2026 of Gopalapatnam Police Station, Visakhapatnam District, registered against the Petitioner/Accused No.2 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.Boosara V.N.Praveen Kumar, the learned counsel for the petitioner, submits that the petitioner is innocent of the alleged offence and he 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. He 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. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor 3. vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be 3 Dr.YLRJ Crl.RNo.6373 of 2026 Dated 05.08.2026 examined, 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. 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. As seen from the record, this is the second bail application. The petitioner is arraigned as Accused No.2. He was found in conscious 5. possession and transportation of- 1.7 kgs of ganja, which is not a commercial quantity. This Court, by order dated 23.07.2026 in Crl.P.No.5827 of 2026, partly allowed the petition by granting bail to ' Accused No.1 and dismissed the bail application insofar as the petitioner/Accused No.2 is concerned. The learned Assistant Public Prosecutor submits that the charge sheet has not yet been filed. The petitioner was arrested on 03.06.2026 and has been in judicial custody for the past 63 days. There are no ady^Tse antecedents reported against the petitioner. The petitioner is a permanent resident of the State of Odisha and has got fixed abode. 6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail with some stringent conditions. 4 Dr.YLRJ Crl.RNo.6373 Of 2026 Dated 05.08.2026 7. 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 his 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 V Additional Chief Judicial Magistrate-Cum-Civil Judge (Senior Division), Visakhapatnam. 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 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. iv. The Petitioner/Accused No.2 shall not leave the iimits of the District without prior permission from the learned Trial Court concerned. V. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. 5 Dr.YLR,J Crl.RNo.6373 of 2C2€ Dated 05.68.2026 vi. The PetHtioner/Accused No.2 sha^l indirectly, make any inducement, threat not, directly or or promise to any person acquainted with the facts of the case so as to dissuade him/her from disdosing such facts to the Court. SD/- N.SWNIVASA RAO ASSISTANT f^GISTRAR //TRUE COPY// SECTION OFFICER To, 1. The V Additional Chief Judicial Magistrate-Cum-Civil Judge fSenior Division), Viskahapatnam. 2. The I Additional District & Sessions Judge - Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, Visakhapatnam District. 3. The Superintendent, Central Jail, Visakhapatnam, Visakhapatnam District. 4. The Station House Officer, Gopalapatnam P.S., Visakhapatnam District. 5. One CC to Sri. SOOSARA V N PRAVEEN KUMAR, Advocate [OPUC] 6. Two CCs to the PUBLIC PROSECUTOR. High Court of Andhra Pradesh, Amaravati. [€*yT] 7. One spare copy JSS HIGH COURT Dr.YLR, J DATED:05/08/2026 BAIL ORDER CRLP.No.6373 of 2026 tin 09 ALLOWED