APHC010280202026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO 1.CRIMINAL PETITION NO: 4447/2026 Between: VANTHALA DAVIDU, S/O NAGESWARAA RAOAGE 30 YEARS, R/O KARAKAPALLI KOTHAVEEDHI,KOKKIRAPALLI VILLAGE, G.MADUGULA MANDAL,ALLURISITA RAMARAJU DISTRICT 531029 ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, through Station House officer,NathavaramPolice Station, VisakhapatnamRep. by Public Prosecutor,High Court at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: RAMINENI SUDHEER Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2.CRIMINAL PETITION NO: 6108/2026 Between: 1. VEERAVALLI DURGA RAO ALIAS PRASAD, S/O MURTHY, AGED 30 YEARS,R/O RAJA RATNAM STREET, MANDAPETA VILLAGE MANDAL, EAST GODAVARI DISTRICT. 2. KORRA BONJUBABU, S/O GANGANNA, AGED 50 YEARS,R/O 2 Dr.YLR, J Crl.P.Nos.4447, 6108, 6598 & 6810 of 2026 dated 01.09.2026 VANNADA V LLAGE, GOMANGI POST,PEDABAYALU MANDAL, ASR DISTRICT. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 3.CRIMINAL PETITION NO: 6598/2026 Between: BONDA PRABHAKAR RAO, S/O SOMANNA, AGED 30 YEARS,R/O BAYARAJULU VILLAGE, PEDABAYALU MANDAL,ASR DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 4.CRIMINAL PETITION NO: 6810/2026 Between: GULLUPALLI HARIBABU, S/O SRINIVASA RAO,36 YEARS, R/O 3 Dr.YLR, J Crl.P.Nos.4447, 6108, 6598 & 6810 of 2026 dated 01.09.2026 K.VELAMA GANJA SMUGGLER,SAIDULUPETA, 23 WARD,MANDAPETA VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor,High Court of A.P., Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: PARDHA SARADHI A V Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These four Criminal Petitions are heard and disposed of by this common order, as the petitioners in all the Criminal Petitions are different and crime is the same. 2. These four Criminal Petitions have been filed under Sections 480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 to 5 in Cr.No.22 of 2026 on the file of the Nathavaram Police Station, Anakapalli District, registered for the alleged offences punishable under Sections 20(b)(ii)(C) and 25 read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’). 4 Dr.YLR, J Crl.P.Nos.4447, 6108, 6598 & 6810 of 2026 dated 01.09.2026 3. The learned counsel for the petitioners submits that the petitioners are innocent of the alleged offence and have been falsely implicated in the case. They are the sole earning members of their respective families and have not committed any offence. They are law-abiding citizens and have fixed places of residence. The petitioners were arrested on 23.02.2026 and have been in judicial custody for the past 190 days. After thorough investigation, charge sheet has been filed. The petitioners undertake to abide by any conditions that may be imposed by this Court. Hence, it is urged that the Criminal Petitions be allowed. 4. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of bail to the Petitioners and submitted that though the chargesheet has already been filed in the case, the accusations against the Petitioners are well founded. Hence, it is urged to dismiss the Criminal Petitions. 5. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. On perusal of the record, it is evident that the petitioners are arraigned as Accused Nos.1 to 5. All the petitioners were arrested on the spot. After completion of the investigation, the charge-sheet was filed on 08.06.2026, well within the statutory period of 180 days, and the same was numbered as N.S.C.No.267 of 2026 on the file of the learned Metropolitan 5 Dr.YLR, J Crl.P.Nos.4447, 6108, 6598 & 6810 of 2026 dated 01.09.2026 Sessions Judge, Visakhapatnam. The total quantity of the seized contraband is 168 kilograms, which constitutes commercial quantity. The petitioners/Accused Nos.3 to 5 do not have any adverse antecedents in similar cases. However, two adverse antecedents are reported against the petitioners/Accused Nos.1 and 2. 7. Be that as it may, the Petitioners/Accused Nos.1 and 2 are presumed to be innocent until the guilt is proved. 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. 8. The petitioners were arrested on the spot on 23.02.2026 and have been in judicial custody for the past 190 days. It is also submitted that the wife of petitioner/Accused No.2 has recently delivered a child. So far, five witnesses have been examined. They are all official witnesses. The petitioners may not be in a position to threaten the official witnesses or tamper with the evidence. The petitioners are permanent residents of ASR District and East Godavari District. They have got fixed abode. No application has been filed seeking custodial interrogation of the petitioners. If the petitioners are enlarged on bail with some stringent conditions, the interests of justice would be sub-served. 1 (2020) 11 SCC 648 6 Dr.YLR, J Crl.P.Nos.4447, 6108, 6598 & 6810 of 2026 dated 01.09.2026 9. Having regard to the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioners/Accused Nos.1 to 5, this Court is inclined to enlarge the petitioners/accused Nos.1 to 5 on bail, subject to certain stringent conditions. 10. In the result, these four Criminal Petitions are allowed with the following stringent conditions: i. The petitioners/accused Nos.1 to 5 shall be enlarged on bail subject to their executing a bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) each with three sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Narsipatnam. ii. The petitioners/accused Nos.1 to 5 shall appear before the learned Trial Court on each and every adjournment without fail. iii. The petitioners/accused Nos.1 to 5 shall not leave the limits of the State of Andhra Pradesh without prior permission from the learned Trial Court concerned. iv. The petitioners/accused Nos.1 to 5 shall not commit or indulge in commission of any offence while on bail. 7 Dr.YLR, J Crl.P.Nos.4447, 6108, 6598 & 6810 of 2026 dated 01.09.2026 v. The petitioners/accused Nos.1 to 5 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. _________________________ DR. Y. LAKSHMANA RAO, J Date:01.09.2026 RSI 8 Dr.YLR, J Crl.P.Nos.4447, 6108, 6598 & 6810 of 2026 dated 01.09.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 4447, 6108, 6598 and 6810 of 2026 Date: 01.09.2026 RSI