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CDJ 2026 APHC 185 print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 494 of 2026
Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Parties : Nalukurthisukumar Alias Sukumar Versus The State Of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of A.P., Guntur
Appearing Advocates : For the Petitioner: Yaswanth Gade, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 03-02-2026
Head Note :-
Criminal Procedure Code - Section 437/Section 438/Section 439/Section 482 -
Judgment :-

(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 may be pleased to release the petitioner/A-4 on bail in the event of his arrest in FIR No.145/2025 on the file of the Station house Officer, Tenali Rural Police Station, Guntur District)

1. The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟) by the Petitioner/Accused No.4 for granting of pre-arrest bail in connection with Crime No.145 of 2025 of Tenali Rural Police Station, Guntur, registered for the alleged offence punishable under Section 8(c) r/w 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”).

2. Heard Mr.Yaswanth Gade, the learned Counsel for the Petitioner and Mr.K.Sandeep, learned Assistant Public Prosecutor for respondent - State.

3. The case of the prosecution in brief is that on receipt of credible information about illegal transportation of ganja, the respondent police reached the scene of offence and while checking the vehicles, the police caught hold of three persons, who are Accused Nos.1 to 3 in this crime in suspicious circumstances, seized 1.4 Kgs of ganja from their possession and arrested them. On interrogation, A-1 to A-3 confessed that they along with the present petitioner/A-4 used to purchase ganja from another person, who is A-5. Basing on the said confession of A-1 to A-3, the petitioner is arrayed as A-4 in the present crime.

4. Learned counsel for the petitioner would submit that the presence of the petitioner at the time of arrest of other accused along with contraband is not there. Only basing on the confession of A-1 to A-3 that they along with the petitioner/A-4 used to purchase contraband from A-5, the petitioner was implicated in this case. Learned counsel would further submit that there are no criminal antecedents against the petitioner/A-4 either under the offences of BNS or NDPS Act. Apart from the same, the contraband involved in this case is only 1.4 Kgs of ganja which is not a commercial quantity and prays to grant anticipatory bail to the petitioner.

5. Mr. K. Sandeep, learned Assistant Public Prosecutor, would submit that the petitioner/A-4 is the friend of A-1 to A-3 and they confessed about the involvement of the petitioner in this case. He would further submit that investigation is completed and charge sheet is also filed. Though there are no criminal antecedents against the petitioner, A-1 to A-3 confessed about the role of the petitioner in this crime and vehemently opposed for grant of anticipatory bail to the petitioner/A-4.

6. Considering the submissions made and on perusal of the material available on record, the petitioner was arrayed as A-4 only basing on the confessional statement of A-1 to A-3 to the effect that along with A-1 to A-3, the petitioner/A-4 used to purchase ganja from A-5. Except that, nothing is attributed against the petitioner and no contraband is seized from the possession of the petitioner and no criminal antecedents against the petitioner. Investigation is completed except receipt of RFSL report.

7. In the light of the aforesaid reasons, this Court is inclined to grant pre- arrest bail to the petitioner/A-4.

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

                  i. In the event of arrest of the petitioner/ Accused No.4, he shall be enlarged on bail by executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for the like sum each to the satisfaction of the arresting police officials;

                  ii. On release, the petitioner shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday between 10.30 a.m. and 05.00 p.m., till further orders.
 
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