(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the petitioner on regular bail in connection with Crime No. 88 of 2026 of Kurnool Taluk Police Station and pass)

1. This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the Petitioner/A.4, seeking bail, in Crime No.88 of 2026 of Kurnool Taluk Police Station, Kurnool District.

2. A case has been registered against the Petitioner/A.4 herein and other accused for the offences punishable under Section 20(b)(ii)(A)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’).

3. The case of the prosecution, in brief, is that, on 16.04.2026 at about 12:00 noon, behind Sri Kashi Viswanatha Swamy Temple, situated on the outskirts of Venkannabavi Village within the limits of Dinnedevarapadu Gram Panchayat, Kurnool Mandal and District, accused Nos.1 to 4 were allegedly found in possession of 2.750 kilograms of ganja. It is alleged that A1 procured the contraband from an unknown person at Araku for resale at higher prices to the other accused. The accused were apprehended at the scene, and the contraband was seized under the cover of confession, seizure, and arrest mahazar in the presence of the Tahsildar/Gazetted Officer and mediators. Basing on the same, the present crime has been registered against the petitioner and other accused.

4. Learned counsel for the petitioner would submit that the petitioner is A.4 in the present crime, which involving alleged possession of 2.75 kgs of ganja. The petitioner has been in judicial custody since 16.04.2026. The alleged contraband is not of commercial quantity and, therefore, the bar under Section 37 of the NDPS Act is not attracted. The petitioner is a daily-wage worker and the sole breadwinner of his family. The material part of the investigation, including seizure, sampling, recording of statements, and dispatch of samples for RFSL analysis, has already been completed. It is further submitted that the petitioner is involved in one previous NDPS case in Cr.No.515/2025 of Kurnool III Town UPS. Accused Nos.1 and 3 have already been granted bail by the learned I Additional Sessions Judge, Kurnool. He further submits that the earlier bail application filed by the petitioner in Crl.P.No.4153 of 2026 was dismissed on 07.05.2026 and the petitioner is presently lodged in Sub Jail, Kurnool.

5. Learned Assistant Public Prosecutor opposed the Criminal Petition, contending that the investigation is still pending and some more witnesses are yet to be examined. She further submitted that, though the contraband involved is of non-commercial quantity, the statutory period has not yet completed. It is also submitted that another case in Crime No.515 of 2025 of Kurnool III Town Police Station is pending against the petitioner herein, and therefore prayed for dismissal of the Criminal Petition.

6. Heard learned counsel appearing on behalf of the Petitioner/A.4 and learned Assistant Public Prosecutor appearing on behalf of the Respondent/State.

7. Perused the material available on record.

8. A perusal of the material available on record, this Court finds that the contraband allegedly seized in the present case is of non-commercial quantity and, therefore, the rigour under Section 37 of the NDPS Act is not attracted. It is not in dispute that the petitioner has been in judicial custody since 16.04.2026 and the material part of the investigation, including seizure and dispatch of samples for RFSL analysis, appears to have been completed. Though the learned Assistant Public Prosecutor contended that some witnesses are yet to be examined and that another case is pending against the petitioner, considering the nature of the quantity involved and the fact that accused Nos.1 and 3 have already been granted bail, this Court is inclined to grant regular bail to the petitioner/A.4.

9. Having regard to the allegations in the complaint, the contents of the case diary, and the submissions made by the learned counsel appearing for the petitioner and considering the nature of the quantity involved, this Court is of the view that the petitioner is entitled to be enlarged on regular bail, subject to the following conditions.

10. The petitioner/A.4 shall be released on bail on executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Special Mobile Court, Kurnool for his due appearance before the Court, further on conditions:

                  (a) The petitioner should furnish to the Judicial Magistrate of First Class, Special Mobile Court, Kurnool about his detailed residential address along with an undertaking not to change said address without prior intimation to the SHO, Taluk Police Station, Kurnool about his proposed new address and similar undertaking till final disposal of the case registered in the said crime at the concerned P.S.

                  (b) The petitioner shall not threaten or persuade any of the prosecution witnesses or any other person acquainted with the facts of the case, further he should not indulge in any criminal activities.

                  (c) The petitioner is directed to co-operate with the Investigating Officer as and when his presence is required with regard to further investigation if any.

                  (d) The petitioner shall appear before the SHO, Taluk Police Station, on twice in a week i.e., on every Tuesday and Friday between 4.00 P.M to 8.00 P.M for a period o two months or till filing of charge sheet, whichever is earlier.

11. Accordingly, the Criminal Petition is allowed.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition, shall stand closed.