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Judgment
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 Petitioner/Accused No.2 on bail in Crime No.271 of 2026 of Kasibugga Police Station, Srikakulam District, registered for the alleged offences punishable under Sections 20(b)(ii)(B) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Mr.Dasari Ramakoteswara Rao, learned Counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Petition.
Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on bail at this stage, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law and urged to dismiss the Petition.
Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, the Petitioner is arraigned as Accused No.2 in this case. This Court, in Crl.P.No.8265 of 2026, vide order dated 24.09.2026, enlarged Accused No.4 in this crime on regular bail. The Petitioner was arrested on 19.08.2026 and has been in judicial custody for the past 42 days. There are no similar adverse antecedents reported against the Petitioner. The Petitioner is alleged to have been indulging in dealing with 3.850 kgs of ganja. It is not a commercial quantity. The Petitioner is a permanent resident of State of Tamil Nadu. He has got fixed abode. If the Petitioner is enlarged on bail subject to stringent conditions, there is no likelihood of his interfering with the investigation, threatening witnesses, or tampering with evidence.
Considering the facts and circumstances of the case, the nature and gravity of allegations leveled against the Petitioner/Accused No.2, this Court is inclined to enlarge Petitioner/Accused No.2 on bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused No.2 shall be enlarged on bail subject to him executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate of Fist Class, Palasa.
The Petitioner/Accused No.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 Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future.
The Petitioner/Accused No.2 shall cooperate with the Investigating Officer in further investigation of the case and shall make himself available for interrogation by the Investigating Officer as and when required.
The Petitioner/Accused No.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.
The Petitioner/Accused No.2 shall surrender his passport, if any, to the Investigating Officer, if he claims that he does not have passport, he shall submit an affidavit to that effect before the Investigating Officer.