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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 Petitioner/Accused No.4 on bail in Crime No.18 of 2026 of Koyyuru Police Station, Alluri Sitarama Raju District, registered against the Petitioner/Accused No.4 herein for the offences punishable under Sections 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).
Mr.Kambhampati Ramesh Babu, 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 continued incarceration would cause undue hardship to his dependants. He is a law abiding citizen. The petitioner undertakes 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.
The learned counsel for the petitioner further submits that the petitioner was arrested on 12.03.2026 and has been in judicial custody for the past 180 days.
Per contra, Mr.A.Sai Rohith, 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 of his absconding, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing submissions, he urged that the petition be dismissed.
Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.
As seen from the record, the petitioner was arrested on 12.03.2026 and has been in judicial custody for the past 180 days. The petitioner is alleged to have been involved in the transportation of 33.245 Kgs. of ganja. The seized ganja is of commercial quantity; however, the charge sheet has not been filed within the statutory period of 180 days. There is no information regarding the filing of any petition seeking extension of remand beyond 180 days, as submitted by the learned Assistant Public Prosecutor. The petitioner is suffering from a urinary tract infection and has filed certain medical records in support thereof. The petitioner is a permanent resident of Anakapalli District and has a fixed abode. If the petitioner is enlarged on bail, subject to stringent conditions, the interests of justice would be sub-served.
Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioner/Accused No.4 and period of incarceration, this Court is inclined to enlarge the Petitioner/Accused No.4 on bail with some stringent conditions.
In the result, the Criminal Petition is allowed with the following stringent conditions:
The Petitioner/Accused No.4 shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousands only) with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Chintapalli.
The Petitioner/Accused No.4 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.4 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.
The Petitioner/Accused No.4 shall not commit or indulge in commission of any offence while on bail.
The Petitioner/Accused No.4 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.