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CDJ 2026 APHC 1114 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition Nos. 4878 & 5118 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Mathangi Ramu & Others Versus The State of Andhra Pradesh, Rep by Public Prosecutor
Appearing Advocates : For the Petitioner: N. Chandra Sekhar Reddy, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 01-07-2026
Head Note :-
Narcotic Drugs & Psychotropic Substances Act, 1985 - Sections 8(c) read with 20(b)(ii)(B) -
Judgment :-

Common Order

1. These two Criminal Petitions are heard together and are being disposed of by this common order, as the Petitioners in the two petitions are different, but the crime registered against them is one and the same.

2. These two Criminal Petitions have 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.1 to 4 on bail in Crime No.104 of 2026 of Gooty Police Station, Anantapuramu District, registered against the Petitioners/Accused Nos.1 to 4 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’) and Section 9(1) of A.P.Gaming Act (Matka).

3. Mr.N.Chandra Sekhar Reddy, 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. It is further submitted that the Petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. The Petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, learned counsel prays that the present petition be allowed in the interest of justice.

4. Per contra, Ms.P.Somayaji, 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.

5. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.

6. On perusal of the record, the Petitioners are Accused Nos.1 to 4. It is alleged that they were involved in gambling activities and in possession and transportation of Ganja. The seized quantity is not a commercial quantity. Specifically, 400 grams of Ganja was recovered from Accused No.1, 350 grams from Accused Nos.2 and 3, and 50 grams from Accused No.4. Additionally, Rs.4,10,000/- was seized at the time of apprehension, along with 47 matka chits. So far, six witnesses have been examined. Accused Nos.5 and 6 are yet to be arrested. The Petitioners/Accused Nos.1 to 3 were arrested on 13.05.2026. They have been in judicial custody for the past 49 days. Accused No.4 was arrested on 22.05.2026. He has been in judicial custody for the past 40 days.

7. The learned Assistant Public Prosecutor submits that Accused No.1 has 14 antecedents, i.e., (1) Cr.No.4/2025 under Section 9-I of the Andhra Pradesh Gaming Act, 1974 (‘the A.P.G Act’) (Anantapur II Town Police Station), (2) Cr.No.61/2025 under Sections 109(1), 118(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘the BNS’) and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the SC/ST (POA) Act’) (Gooty PS), (3) Cr.No.832/2020 under Section 307 of the Indian Penal Code, 1860 (‘the I.P.C.,’) (Gooty PS), (4) Cr.No.86/2020 under Sections 120B, 34, 420 of ‘the I.P.C.,’ and Section 9-I of ‘the A.P.G Act’ (Gooty PS), (5) Cr.No.157/2022 under Section 420 of the ‘the I.P.C.,’ and Section 9-I of ‘the A.P.G Act’ (Gooty PS), (6) Cr.No.258/2023 under Sections 34, 389, 506 of ‘the I.P.C.,’ (Gooty PS), (7) Cr.No.245/2024 under Section 9-I of ‘the A.P.G Act’ (Gooty PS), (8) Cr.No.184/2022 under Sections 324, 34, 506 of ‘the I.P.C.,’ (Gooty PS), (9) Cr.No.265/2022 under Sections 324, 34 of ‘the I.P.C.,’ (Gooty PS), (10) Cr.No.225/2025 under Section 9-I of ‘the A.P.G Act’ (Gooty PS), (11) Cr.No.32/2025 under Section 9-I of ‘the A.P.G Act’ (Gooty PS), (12) Cr.No.252/2024 under Section 9-I of ‘the A.P.G Act’ (Anantapur II Town PS), (13) Cr.No.61/2025 under Sections 109(1), 118(1), 3(5) of ‘the BNS’ and Section 3(2)(v) of ‘SC/ST (POA) Act’ (Gooty PS), and (14) Cr.No.832/2020 under Section 307 of ‘the I.P.C.,’ (Gooty PS).

8. Against Accused No.2, 14 antecedents are reported, i.e., (1) Cr.No.179/2018 under Sections 8(c), 20(b)(i) of ‘the NDPS Act’ and Section 9-I of ‘the A.P.G Act’ (Gooty PS), (2) Cr.No.666/2021 under Section 420 of ‘the I.P.C.,’ and Section 9-I of ‘the A.P.G Act’ (Gooty PS), (3) Cr.No.5/2020 under Sections 120B, 34, 420 of ‘the I.P.C.,’ and Section 9-I of ‘the A.P.G Act’ (Gooty PS), (4) Cr.No.86/2020 under Sections 120B, 34, 420 of ‘the I.P.C.,’ and Section 9-I of ‘the A.P.G Act’ (Gooty PS), (5) Cr.No.250/2024 under Section 9-I of ‘the A.P.G Act’ (Gooty PS), (6) Cr.No.184/2022 under Sections 324, 34, 506 of ‘the I.P.C.,’ (Gooty PS), (7) Cr.No.69/2023 under Section 9-I of ‘the A.P.G Act’ (Gooty PS), (8) Cr.No.265/2022 under Sections 324, 34 of ‘the I.P.C.,’ (Gooty PS), (9) Cr.No.74/2024 under Section 34(a) of the Andhra Pradesh Excise Act, 1968 and Sections 8(E), 7(A) of the Andhra Pradesh Prohibition Act, 1995 (Gooty PS), (10) Cr.No.262/2018 under Sections 324, 34, 452, 506, 509 of ‘the I.P.C.,’ (Gooty PS), (11) Cr.No.277/2022 under Section 9-I of ‘the A.P.G Act’ (Gooty PS), (12) Cr.No.165/2025 under Section 9-I of ‘the A.P.G Act’ (Gooty PS), (13) Cr.No.183/2025 under Section 9-I of ‘the A.P.G Act’ (Gooty PS), and (14) Cr.No.248/2025 under Section 9-I of ‘the A.P.G Act’ (Gooty PS).

9. Against Accused No.3, 8 antecedents are reported, i.e., (1) Cr.No.841/2020 under Section 354D of ‘the I.P.C.,’ (Gooty PS), (2) Cr.No.254/2025 under Section 9-I of ‘the A.P.G Act’ (Gooty PS), (3) Cr.No.87/2023 under Section 9-I of ‘the A.P.G Act’ (Gooty PS), (4) Cr.No.38/2022 under Section 420 of ‘the I.P.C.,’ and Section 9-I of ‘the A.P.G Act’ (Gooty PS), (5) Cr.No.160/2025 under Section 9-I of ‘the A.P.G Act’ (Gooty PS), (6) Cr.No.86/2020 under Sections 120B, 34, 420 of ‘the I.P.C.,’ and Section 9-I of ‘the A.P.G Act’ (Gooty PS), (7) Cr.No.155/2019 under Sections 8(c), 20(b)(i) of ‘the NDPS Act’ and Section 9-I of ‘the A.P.G Act’ (Gooty PS), and (8) Cr.No.274/2022 under Section 9-I of ‘the A.P.G Act’ (Gooty PS). Against Accused No.4, no adverse antecedents are reported.

10. Be that as it may, the Petitioners/Accused Nos.1 to 4 are presumed to be innocent until the guilt is proved. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar Pradesh ((2020) 11 SCC 648), at para No.7, observed that mere pendency of criminal antecedents itself is not a ground to deny the request for grant of bail.

11. The material portion of the investigation with regard to the alleged role of the Petitioners has been substantially completed. The Petitioners are permanent residents of Gooty Town and Mandal, Anantapur District. They have got fixed abode. If the Petitioners are enlarged on bail with stringent conditions, they are unlikely to interfere with the investigation, if any remains, nor threaten the witnesses or tamper with the evidence.

12. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 to 4, this Court is inclined to enlarge the Petitioners/Accused Nos.1 to 4 on bail with some stringent conditions.

13. In the result, these two Criminal Petitions are allowed with the following stringent conditions:

               i. The Petitioners/Accused Nos.1 to 4 shall be enlarged on bail subject to their executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Gooty.

               ii. The Petitioners/Accused Nos.1 to 4 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.1 to 4 shall not leave the limits of the District without prior permission from the Station House Officer concerned.

               iv. The Petitioners/Accused Nos.1 to 4 shall not commit or indulge in commission of any offence in future.

               v. The Petitioners/Accused Nos.1 to 4 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.1 to 4 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.

               vii. The Petitioners/Accused Nos.1 to 4 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer.
 
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