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CDJ 2026 APHC 471 print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 2372 of 2026
Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Parties : Gemmeli Satyanarayana Alias Sathibabu Versus The State Of Andhra Pradesh, Through Station House Officer, Rep. By Its Public Prosecutor, High Court Of Andhra Pradesh, Amaravathi, Guntur
Appearing Advocates : For the Petitioner: Kakumanu Joji Amrutha Raju, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 30-03-2026
Head Note :-
Criminal Procedure Code - Sections 437/438/439/482 -

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 pleased to release the petitioner/A5 on Bail in connection with Crime No.32 of 2024 in of Annavaram(A.Annavaram) Police Station, Alluri Seetha Rama Raju District U/s 20(b)(ii)(c) r/w 8(c)of NDPS Act, 1985, 31-08-2024 and pass)

1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused No.5, seeking regular bail, in Crime No.32 of 2024 in of Annavaram (A.Annavaram) Police Station, Alluri Seetha Rama Raju, registered for the offences punishable under Sections 20(b)(ii)(C) r/w 8(c) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

2. The case of the prosecution in brief, is that, on 31.08.2024 at about 4.00 pm, on receipt of credible information regarding illegal possession and transportation of ganja, the S.I of Police, Annavaram Police Station, along with staff rushed to outskirts of ltukubeddalu village, Balapam Panchayat and conducted vehicle checking. They found two persons in suspicious circumstances, on enquiry, they disclosed their identity particulars as that of A1 and A2 and police found 370.7 kgs of ganja in their possession. Police seized the contraband and arrested the accused and got them remanded to judicial custody. They confessed that the names of A3 to A5 in their confessional statement. During the course of investigation, A5 was arrested on 09.12.2025 and remanded him to judicial custody.

3. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel learned counsel for the petitioner/accused No.5 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State.

4. Learned counsel for the petitioner would submit that the petitioner herein is arrayed as Accused No.5, who has been falsely implicated in this crime and that he is in no way connected with the commission of the offence. The Petitioner has been in judicial custody since 09.12.2025. He is the sole breadwinner of his family. It is further submit that most of the investigation might have been completed and therefore the petitioner/accused No.5 may be enlarged on bail. The accused No.4 was released on bail on 25.03.2025 in Crl.P.No.2284 of 2025 by a Coordinate Bench of this Court. He would further submit that the petitioner herein is also on the same footing as of the accused No.4. Learned counsel would finally pray to enlarge the Petitioner on bail.

5. Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition and contended that the petitioner herein is on the same footing as of the accused No.4. She would further submit that the petitioner herein is arrayed as accused basing on the confession statement of the co- accused. She finally submits that the Court may pass appropriate orders.

6. On perusal of the material on record goes to show that basing on the confessional statement of co-accused, the name of the petitioner herein was shown as accused in the present crime. Pursuant to the confessional statement of the co-accused, nothing has been seized from the possession of the petitioner herein/accused No.5. The petitioner was arrested on 09.12.2025. The learned Coordinate Bench of this Court in Crl.P.No.2284 of 2025 on 19.02.2025 enlarged accused No.4 on bail with certain conditions.

                  The investigation in respect of petitioner has been completed. The petitioner also stands on the same footing of accused No.4.

7. Considering the facts and circumstances of the case, the nature and gravity of allegations leveled against the Petitioner/Accused No.5, this Court is inclined to enlarge the petitioner/accused No.5 on bail with the following conditions;

                  i. The petitioner/accused No.5 shall execute a personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) each with two sureties for a like sum each, to the satisfaction of the learned Judicial First Class Magistrate Chinthapalli.

                  ii. The petitioner/accused No.5 shall appear before the Investigating Officer as and when required and shall cooperate with further investigation, if any.

                  iii. The petitioner/accused No.5 shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness.

                  iv. The petitioner/accused No.5 shall appear before the Station House Officer, concerned, once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m. till further orders.

                  v. The petitioner/accused No.5 shall not commit or indulge in commission of any offence in future.

                  vi. The petitioner/accused No.5 shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the concerned Court.

8. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail.

9. It is also made clear that the observations made in this order are only for the purpose of deciding the bail application and they shall not be construed as opinion on the merits of the Crime.

10. Accordingly, this Criminal Petition is allowed.

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

 
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