APHC010436872026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 31st DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7244/2026 Between: 1. GEMMELI RAJESH, S/O BABURAO, AGE 19 YEARS,R/O MARRIAPLEM, RINTHADA PANCHAYAT,G.K.VEEDHI MANDAL,ASR DISTRICT, ANDHRA PRADESH ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor,High Court of Andhra Pradesh At Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. PULAPALLI BABJI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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.49/2025 of Koyyuru 2 P.S., Visakhapatnam District, registered for the offence punishable under Section 10(2)(b) of the BNS, Sec, 20(b)(ii)(c) read with 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’) 2. Mr. Pulapalli Babji, learned Counsel for the Petitioner submits that the Petitioner is an 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. The Petitioner undertake to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petition. 3. Per contra, Mr. A. Sai Rohith, learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submits 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. 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. 5. On perusal of the record, the Petitioner is arrayed as Accused No.2 in this case. The prosecution alleges that the Petitioner was involved in the 3 commission of an offence relating to 25.52 kgs of ganja. The Petitioner was arrested on 21.11.2025 and has been in judicial custody for the past 296 days. After thorough investigation, the charge sheet was filed on 17.05.2026, well within the prescribed period, and the same was numbered as S.C.NDPS.No.237 of 2026. The Petitioner is aged about 19 years, has a fixed abode, and is a permanent resident of Marriaplem, Rinthada Panchayat, G.K.Veedhi Mandal, ASR District. There are no similar adverse antecedents reported against the Petitioner. 6. Having regard to 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. 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 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 Judicial Magistrate of First Class, Chintapalli. 4 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:31.08.2026 SSA/JS 5 53 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7224 of 2026 Date: 31.08.2026 SSA/JS