Korukonda Surya Prakash v. The State of Andhra Pradesh
CRLP/6246/2026 · 2026-08-17
Y Lakshmana Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8304 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8304 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
‘.ft-;? y (.» IN THE HIGH COURT OF ANDHRA PRADESH A-RAMAj 'k TUESDAY, THE DAY OF AUGUST, 202€L, rPRESENT:
THE HONOURABLE Dr. JUSTICE Y. LAKSHMANARAO CRIMINAL PETITION NO: 6246 OF 2026 Between: Korukonda Surya Prakash, S/o K. Lakshmi Narayana, Resident of D.No.1-16, Near Rice Mill, Telladevarapalli, Vissannapet, Krishna District-521 215 Petitioner/A6 AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respandent
2. M. Venkata Srikanth, S/o Srinivasa Reddy, Age 34 years, R/o West Diguvapalli Village, Nuzvid Mandal, NTR District. Respondent/Complainant Petition under Section 482 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to grant anticipatory bail to the Petitioner/Accused No.6 in Crime No. 292 of 2026 of Rayachoty UPS in the event of arrest. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri. AMANI UPENDRA, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent No.l; The Court made the following:
2 Dr.YLR,J Crl.P.No.6246 of2026 Dated 18.08.2026 The Coc^made the following:
ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.6 for granting of pre-arrest bail in connection with Crime No.292 of 2026 of Rayachoti Urban Police Station, Annamayya District, registered for the alleged offences punishable under Sections 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Section 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). Mr.A.Upendra, learned Counsel for the Petitioner, submits that the Petitioner has been falsely implicated as Accused No.6 and that the allegations in the FIR do not disclose the essential ingredients of the offences alleged against him. It is submitted that there are no specific allegations that the Petitioner received any money, threatened the complainant, present at the place of occurrence. It is also argued that there is an unexplained delay of about ten days in lodging the FIR and that no recovery of ganja was effected from the conscious possession of the Petitioner. Therefore, the Petitioner, who is willing to cooperate with the investigation and it is urged to grant pre-arrest bail to the Petitioner. Per contra, Sri A. Sai Rohit, learned Assistant Public Prosecutor, vehemently opposed granting of pre-arrest bail contending that the
2. or was
3.
3 Dr.YLRJ Crl.P.No.6246 of2026 Dated 18.08.2026 investigation is at a nascent stage and the Petitioner is imperative for eliciting material facts. Petitioner is granted pre-arrest bail, there i not cooperate with the investigation and may evade the prayed that the instant bail application be dismissed.
4. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
5. In the light of the case of the prosecution and the
learned Counsel for both the sides, now the point for consideration is; Whether the Petitioner is entitled for grant of pre-arrest bail?” As seen from the record, there is a delay of nearly 10 days in lodging the FIR. The alleged incident is stated to have occurred on 24.05.2026 at 10:30 A.M., whereas the complaint was lodged only on
03.06.2026. No convincing explanation has been offered for the said delay. There is no specific allegation against the petitioner that he was in conscious possession of 150 grams of ganja, nor was any recovery effected pursuant to the confession of the petitioner. The petitioner is Accused No.6. There are no adverse antecedents reported against the petitioner. It is also relevant to note custodial interrogation of the It is submitted that if the IS a grave apprehension that he may process of law and it is
contentions of the
6. that the Sub-Inspector of Police, Rayachoty Urban Police Station, namely Vishnu Vardhan, has submitted a typed Special Report, wherein he has mentioned that the petitioner and some other Mr. persons were sought to be implicated in the case under the provisions of ‘the NDPS Act’. This Court vide
4 Dr.YLR,J Crl.P.No.6246 of2026 Dated 18.08.2026
order dated 30.06.2026 in Crl.P.No.4776 of 2026, granted pre-arrest bail to Accused No.1.
7. Having regard to the facts circumstances of the case, the gravity and nature of the allegations levelled against the Petitioner/Accused No.6, this Court is inclined to grant pre-arrest bail to the Petitioner/Accused No.6.
8. In the result. Criminal Petition is allowed with the following conditions: In the event of his arrest, Petitioner/Accused No.6 shall be I. enlarged on bail subject to his executing a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties each for the like sum each to the satisfaction of the arresting police officials. The Petitioner/Accused No.6 shall make himself available II. for investigation as and when required. The Petitioner/Accused No.6 shall not cause any threat, inducement or promise to the prosecution witnesses. The Petitioner/Accused No.6 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. The Petitioner/Accused No.6 shall not leave the State of Andhra Pradesh without the express permission from the Station House Officer concerned. / III. IV. V.
5 Dr.YLRJ Crl.P.No.624€of2026 Dated 18.08.2026 Vi. The Petitioner/Accused No.6 shall If any, to the investigating officer. If he claims surrender his passport that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer.
SDI- P.SIVA SITA RAMA KUMAR ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To
1. The Station House Officer, Rayachoty UPS, Kadapa Districts
2. One CC to Sri. AMANI UPENDRA, Advocate [OPUC] r '
3. Two CCs to the PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT]
4. One spare copy JSS
HIGH COURT Dr.YLR, J DATED: 18/08/2026 BAIL ORDER CRLP.No.6246 of 2026 /' o rn C/'> ! car ALLOWED