APHC010464362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7760/2026 Between: KOWADA PAVAN KUMAR, S/O SATYANARAYANA, AGED 24 YEARS,R/O NEAR BALABADI, SRIKANTH NAGAR,ARILOVA, VISAKHAPATNAM CITY. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradeshat Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: DASARI RAMAKOTESWAR RAO Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.7760 of 2026 Dated 15.09.2026 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. 184 of 2026 of Arilova Police Station, Visakhapatnam Commissionerate, registered against the Petitioner/Accused No.2 herein for the 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. Sri Dasari Ramakoteswar Rao, the learned counsel for the Petitioner/Accused No.2, submits that Petitioner/Accused No.2 is innocent of the alleged offences and has been falsely implicated in the case. He is a law- abiding citizen. He is sole earning member of the family. He has not committed any offence. The Petitioner/Accused No.2 undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed. 4. Per contra, Mr. A. Sai Rohit, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner/Accused No.2, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner/Accused No.2 is released on bail at this stage, there is a strong 3 Dr.YLR,J Crl.P.No.7760 of 2026 Dated 15.09.2026 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. 5. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, the Petitioner/Accused No.2 was arrested on 10.07.2026 and has been in judicial custody for the past 68 days. The allegation against Petitioner/Accused No.2 is that he was indulged in dealing with 5.015 kgs of Ganja. There are two adverse antecedents against the Petitioner/Accused No.2 but they are not similar in nature as the alleged offence herein. The Bail Application filed by the Petitioner/Accused No.2 in Crl.M.P.No.1979 of 2026, before the learned I Additional District and Sessions Judge–Special Judge for Trial of Offences under the NDPS Act, Visakhapatnam, was dismissed by the said Court vide its order dated 24.08.2026. Even after completion of 60 days, the charge-sheet has not yet been filed. The seized quantity of contraband is not a commercial quantity. 7. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.2 and the period of incarceration undergone by the Petitioner/Accused No.2, this Court is inclined to enlarge the Petitioner/Accused No.2 on bail with some stringent conditions. 4 Dr.YLR,J Crl.P.No.7760 of 2026 Dated 15.09.2026 8. 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 his 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 Chief Judicial Magistrate, Visakhapatnam. ii. The Petitioner/Accused No.2 shall appear before the Station House Officer concerned, on every Saturday between 10:00 am and 01:00 pm, till filing of the charge sheet. iii. The Petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence while on bail. v. 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. vi. The Petitioner/Accused No.2 shall not, directly or indirectly, make any inducement, threat or promise to any 5 Dr.YLR,J Crl.P.No.7760 of 2026 Dated 15.09.2026 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 No.2 shall surrender his passport to the Investigating Officer, if he states that he does not have passport, the Petitioner shall submit an affidavit to that effect. _________________________ DR. Y. LAKSHMANA RAO, J Date: 15.09.2026 RSI/DRNR 6 Dr.YLR,J Crl.P.No.7760 of 2026 Dated 15.09.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7760 of 2026 Date: 15.09.2026 RSI/DRNR