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2026 DAILYLAW 8361 (AP)

Shaik Lalu v. The State of Andhra Pradesh

CRLP/6389/2026 · 2026-08-05

Y Lakshmana Rao

body2026

Judgment text

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APHC010392402026 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: 6389/2026 Between: 1. SHAIK LALU, S/O. LATE SHAIK MEERJAN SAHEB,AGE 28 YEARS, R/O. D.NO. 9-712,NEAR VINAYAKA TEMPLE, PALABAVI STREET, AKKAGARLA COLONY,CHANDRAGIRI TOWN, TIRUPATI DISTRICT - 517101. 2. VENKATAPUKRAM SASI KUMAR, S/O. PRABHAKAR,AGE28 YEARS, R/O. D.NO.13-55,PICHINAIDUPALLE VILLAGE, TONDAWADA POST,CHANDDRAGIRI MANDAL, TIRUPATI DISTRICT -517505. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor,High Court of Andhra PradeshAt Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. D PURNA CHANDRA REDDY 2. D PURNACHANDRA REDDY 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.1 & 2 on bail in Cr.No.23 of 2026 on the file of Chandragiri Urban Police Station, Tirupati District, registered for the alleged offences punishable under Sections 20(b)(ii)(C), 29(1) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 2. Mr.D.Purna Chandra Reddy, 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.1 and 2 in this case. The allegation against the Petitioners is that they were indulging in dealing with 21.700 kgs of ganja, including leaves and stems. The Petitioners were arrested on 03.02.2026. The learned counsel for the Petitioners submits that the charge sheet has not yet been filed despite the Petitioners being in judicial custody for the past 184 days. The learned Assistant Public Prosecutor submits that he has no instructions with regard to the filing of the charge sheet. This is the second bail application. Earlier, this Court, vide order dated 06.07.2026 in Crl.P.No.4806 of 2026, dismissed the first bail application. The Petitioners are permanent residents of Chandragiri Town, Tirupati District. They have got fixed abode. 6. Having regard to the facts and circumstances of the case, and in view of the incarceration of the Petitioners/Accused Nos.1 and 2 in judicial custody beyond 180 days and the non‑filing of the charge sheet, coupled with the nature and gravity of the allegations levelled against them, this Court is inclined to enlarge the Petitioners/Accused Nos.1 and 2 on bail subject to stringent conditions. 7. In the result, the Criminal Petition is allowed with the following stringent conditions: 4 i. The Petitioner/Accused Nos.1 & 2 shall be enlarged on bail subject to them 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 Principal Civil Judge (Junior Division), Tirupati. ii. The Petitioner/Accused Nos.1 & 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 Nos.1 & 2 shall not leave the limits of the Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused Nos.1 & 2 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused Nos.1 & 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. vi. The Petitioner/Accused Nos.1 & 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. vii. The Petitioner/Accused Nos.1 & 2 shall surrender their passports, if any, to the investigating officer. If they claims 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: 6389 of 2026 Date: 06.08.2026 PRA