APHC010439982026 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: 7299/2026 Between: 1. SONDI AKHIL, S/O LATE KANAKA RAJU,AGE 30 YEARS, R/O KRISHNA COLONY,BHEEMUNIPATNAM MANDAL,VISAKHAPATNAM DISTRICT-531163. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor, the High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SIMHACHALAM KARUKOLA Counsel for the Respondent/complainant: 1. The Court made the following: ORDER: 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.1 on bail in Crime No.183 of 2026 of Bheemunipatnam Police Station, Visakhapatnam District, registered for the 2 alleged 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. Simhachalam Karukola, learned Counsel for the Petitioner, fairly conceded that one similar case is pending against the Petitioner in Crime No.533 of 2026. He further submits 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 that the Petition be allowed. 3. Per contra, Mr.A.Sai Rohith, 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. 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.1 in this case. The prosecution alleges that the Petitioner was involved in the commission of an offence relating to 3 kgs of ganja. The seized ganja does 3 not constitute a commercial quantity. The Petitioner was arrested on 04.06.2026. He has been in judicial custody for the past 89 days. Though the learned Assistant Public Prosecutor submits that the Petitioner was involved in Crime No.533 of 2026 and that a suspect sheet is to be opened against him, it is well‑settled that the Petitioner is presumed innocent until proven guilty. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh1 at para No.7, observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail. If the Petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his interfering with the investigation, threatening witnesses, or tampering with evidence. 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.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of the learned XV Additional Judicial Magistrate of First Class, Bheemunipatnam. 1 (2020) 11 SCC 648 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 46 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7299 of 2026 Date:31.08.2026 SSA/JS