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CDJ 2026 APHC 1848 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 7458 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : R. Harish & Another Versus The State of Andhra Pradesh, Rep. by its Public Prosecutor, Amaravati
Appearing Advocates : For the Petitioner: Dasari Ramakoteswar Rao, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 05-10-2026
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.1 and 2 on bail in Crime No.67 of 2026 of Chintoor Police Station, Polavaram District, registered for the alleged 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’).

2. Mr.D.Ramakoteshwar Rao, the learned Counsel for the Petitioners submits that the Petitioners are innocent of the alleged offence. 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. Hence, it is urged to allow the Petition.

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 and urged to dismiss the Petition.

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

5. On perusal of the record, the petitioners are arraigned as Accused Nos.1 and 2. The petitioners are aged 21 and 22 years, respectively. The petitioners were arrested on 17.08.2026 and have been in judicial custody for the past 49 days. The petitioners are alleged to have been involved in dealing with 10.00 kgs of ganja, consciously and illegally. A substantial part of the investigation with regard to the alleged role attributed to the petitioners has been completed. So far, seven witnesses have been examined. No application has been filed seeking custodial interrogation of the petitioners. There are no adverse antecedents reported against the petitioners.

6. The petitioners are the permanent resident of the State of Karnataka and have got fixed abode. If the petitioners are enlarged on bail subject to stringent conditions, there is no likelihood of their absconding, threatening the witnesses, tampering with the evidence or hampering the further course of investigation. There are no adverse antecedents reported against the petitioners/Accused Nos.1 and 2.

7. Having regard to the facts and circumstances of the case, the nature and gravity of the allegations levelled against the petitioners, the period of incarceration undergone by them and the stage of investigation, this Court is inclined to enlarge the Petitioners/Accused Nos.1 and 2 on bail, subject to certain stringent conditions.

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

                  i. The Petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to their executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate at Rampachodavaram.

                  ii. The Petitioners/Accused Nos.1 and 2 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 and 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned.

                  iv. The Petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence while on bail.

                  v. The Petitioners/Accused Nos.1 and 2 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 and 2 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 and 2 shall surrender their passports, if any, to the Investigating Officer. If they claim that they do not have passports, they shall submit affidavits to that effect to the Investigating Officer.
 
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