AI Structured Summary
Not yet generated for this judgment
Judgment
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.152 of 2026 of Kuppam Urban Police Station, Chittoor District, registered against the Petitioners/Accused Nos.1 and 2 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(C), 29 (1), 28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Ms. Kolli Usha Kiranmayee, learned counsel for the petitioners, submits that the petitioners are aged 20 and 22 years, respectively. They are permanent residents of the State of Odisha and they have got fixed abode. They were arrested on 10.07.2026 while they were in possession and transportation of 6.15 kgs of ganja, which is not a commercial quantity. They have been in judicial custody for the last 59 days. So far, four witnesses have been examined. It is further submitted that there are no similar adverse antecedents against the petitioners. The petitioners are innocent of the alleged offence and have been falsely implicated by the police. They are law-abiding citizens and the sole breadwinners of their respective families. 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.
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. In view of the foregoing submissions, it is urged that the petition be dismissed.
Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, the petitioners are arraigned as Accused Nos.1 and 2. There are no adverse antecedents reported against the petitioners. The petitioners/Accused Nos.1 and 2 are alleged to have dealing with 6.15 kgs of ganja with the aid of the other accused. The petitioners were arrested on 10.07.2026 and have been in judicial custody for the past 59 days. So far, four witnesses have been examined. The petitioners are permanent residents of the State of Odisha and have fixed places of abode. The material part of the investigation with regard to the alleged role played by the petitioners has been completed. Therefore, the possibility of the petitioners threatening the witnesses, tampering with the evidence, or hampering the investigation may not arise.
Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 and 2, this Court is inclined to enlarge the Petitioners/Accused Nos.1 and 2 on bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioners/Accused Nos.1 and 2 shall be enlarged on bail subject to their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Kuppam, Chittoor District.
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.
The Petitioners/Accused Nos.1 and 2 shall not leave the limits of the District without prior permission from the Station House Officer concerned.
The Petitioners/Accused Nos.1 and 2 shall not commit or indulge in commission of any offence while on bail.
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.
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.