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CDJ 2026 APHC 1428
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| Court : High Court of Andhra Pradesh |
| Case No : Criminal Petition Nos. 6372, 6373 of 2026 |
| Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO |
| Parties : Pangi Pethuru Alias Bobby & Others Versus The State of Andhra Pradesh, Rep by its Public Prosecutor, Amaravati |
| Appearing Advocates : For the Petitioner: Gollapalli Maheswara Rao, Boosara V N Praveen Kumar, Advocates. For the Respondent: Public Prosecutor. |
| Date of Judgment : 05-08-2026 |
| Head Note :- |
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 & 483 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’)
- Sections 20(b)(ii)(A), 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’)
2. Catch Words:
- Bail
- Investigation
- Witness tampering
- Custodial interrogation
- Bond
- Sureties
- Conditions of release
3. Summary:
The criminal petition under the BNSS seeks bail for accused Nos. 8 and 9 charged under the NDPS Act for possession of 6.100 kg of ganja. The petitioners claim innocence and assure compliance with any conditions, while the prosecution opposes bail citing ongoing investigation and risk of absconding. The court notes the absence of adverse antecedents, completion of the material investigation, and that custodial interrogation is no longer permissible. Considering these factors, the court deems the risk of tampering minimal. Consequently, the court decides to enlarge bail with stringent conditions, including bond, sureties, regular reporting to the SHO, restriction on movement, and non‑interference with witnesses. The petition is therefore allowed.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. 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 Petitioners/Accused Nos.8 and 9 on bail in Crime No.57 of 2026 of Vizianagaram Rural Police Station, Vizianagaram District, registered against the Petitioners/Accused Nos.8 and 9 herein for the offences punishable under Sections 20(b)(ii)(A), 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
2. Mr.G.Maheswara Rao, the learned counsel for the petitioners, submits that the petitioners are innocent of the alleged offence and they have been falsely implicated by the police. They are law-abiding citizens. They are the sole breadwinners of the family. The petitioners undertake 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 in the interest of justice.
3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners, submitting 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 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. As seen from the record, the petitioners are arraigned as Accused Nos.8 and 9. There are no adverse antecedents reported against the petitioners. The petitioners/Accused Nos.8 and 9 are alleged to have dealt in 6.100 Kgs. of ganja with the aid of the other accused. The petitioners were arrested on 09.06.2026. They have been in judicial custody for the past 57 days. So far, ten witnesses have been examined. All of them are official witnesses. The petitioners are permanent residents of ASR District and the State of Karnataka. They have got fixed abode. The material portion of the investigation with regard to the alleged role played by the petitioners has been completed. Therefore, the scope of the petitioners threatening the witnesses, tampering with the evidence, and hampering the investigation may not arise. No application seeking the custodial interrogation of the petitioners has been filed. The period for seeking custodial interrogation has also expired.
6. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.8 and 9, this Court is inclined to enlarge the Petitioners/Accused Nos.8 and 9 on bail with some stringent conditions.
7. In the result, the Criminal Petition is allowed with the following stringent conditions:
i. The Petitioners/Accused Nos.8 and 9 shall be enlarged on bail subject to their executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Additional Judicial First Class Magistrate, Vizianagaram.
ii. The Petitioners/Accused Nos.8 and 9 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 Petitioners/Accused Nos.8 and 9 shall not leave the limits of the District without prior permission from the Station House Officer concerned.
iv. The Petitioners/Accused Nos.8 and 9 shall not commit or indulge in commission of any offence in future.
v. The Petitioners/Accused Nos.8 and 9 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the Investigating Officer as and when required.
vi. The Petitioners/Accused Nos.8 and 9 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.
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