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CDJ 2026 APHC 1512 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 6651 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Panchadara Swami & Another Versus The State of Andhra Pradesh, Rep.by the Public ProsecutorThrough S.H.O, Godavari
Appearing Advocates : For the Petitioner: Karre Satyanandam, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 12-08-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 480 & 483 -
Judgment :-

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.3 and 7 on bail in Crime No.210 of 2025 of Kirlampudi Police Station, Kakinada District, registered against the Petitioners/Accused Nos.3 and 7 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. Mr.K.Satyanandam, the learned counsel for the petitioners, submits that the petitioners are innocents 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. They are law-abiding citizens. 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 and submitted that, though the charge sheet has already been filed, the accusations against the petitioners are well founded. Hence, he prayed that the Criminal 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, this is the third bail application. The petitioners are arraigned as Accused Nos.3 and 7. The allegation against the petitioners is that they were found in conscious possession of and transporting 24.690 Kgs. of ganja, which is a commercial quantity. The charge sheet has been filed and the same has been taken on file as N.S.C.No.79 of 2026. The first bail application filed by the petitioners was dismissed as withdrawn vide order dated 24.03.2026 in Crl.P.No.2216 of 2026. This Court, vide order dated 05.05.2026 in Crl.P.No.3655 of 2026, dismissed the second bail application filed by the petitioners/Accused Nos.3 and 7.

6. The learned Assistant Public Prosecutor submits that the charge sheet was filed beyond the statutory period of 180 days. The petitioners were arrested on 10.12.2025 and have been in judicial custody for the past 245 days. The petitioners are permanent residents of East Godavari District and they have got fixed abode. If the petitioners are enlarged on bail, they are likely to cooperate with the Trial Court for the expeditious disposal of the case. This Court, vide order dated 20.07.2026 in Crl.P.No.5699 of 2026, enlarged Accused No.1 on bail. The present petitioners/Accused Nos.3 and 7 are also standing on the same footing.

7. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.3 and 7, this Court is inclined to enlarge the Petitioners/Accused Nos.3 and 7 on bail with some stringent conditions.

8. In the result, the Criminal Petition is allowed with the following stringent conditions:

                  i. The Petitioners/Accused Nos.3 and 7 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, Prathipadu.

                  ii. The Petitioners/Accused Nos.3 and 7 shall appear before the learned Trial Court on each and every adjournment without fail.

                  iii. The Petitioners/Accused Nos.3 and 7 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.3 and 7 shall not commit or indulge in commission of any offence in future.

                  v. The Petitioners/Accused Nos.3 and 7 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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