APHC010017092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 284/2026 Between:

1. V ALASINGAM SAGAR, S/O SRINIVASULU,OCC BUSINESS,R/O H.NO. 26/470, BARMASALA,NANDYAL TOWN DISTRICT.

...PETITIONER/ACCUSED AND

1. T HE STATE OF ANDHRA PRADESH, REP BY SHO OF POLICE STATION,ULINDAKONDA POLICE STATION, KURNOOL DISTRICT,REP BY PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATHI.

...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:

1. SHAIK ASIF Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 284 OF 2026 ORDER:-

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.1 on bail in NDPS SC NO.4 of 2022 on the file of I Additional Sessions Judge, Kurnool (Crime No.243 of 2021 of Ulindakonda Police Station, Kurnool District), registered against the Petitioner/Accused No.1 herein for the offence punishable under Sections under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. The case of the prosecution, in brief, is that the petitioner/Accused No.1 could not appear before the learned Trial Court, and consequently, the learned Trial Court issued a Non-Bailable Warrant (NBW) against him for his absence on 18.02.2025. Subsequently, the petitioner was produced before the learned Trial Court on 07.10.2025 in execution of a P.T. Warrant.

3. Heard Mr. Shaik Asif, learned counsel for the petitioner, and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, representing the State/Respondent.

4. Learned counsel for the petitioner/Accused No.1 submits that the petitioner was earlier released on regular bail. Thereafter, due to his absence, the learned Trial Court issued NBW against him on 18.02.2025. Subsequently, the petitioner was brought before the learned Trial Court on 07.10.2025 in execution of a P.T. Warrant, and since then he has been in judicial custody. Learned counsel would further submit that the petitioner is ready and willing to furnish sufficient sureties to the satisfaction of the learned Trial Court to secure his presence for the purpose of trial and therefore prays that the petitioner be enlarged on bail.

5. Learned Assistant Public Prosecutor submits that the matter is coming up for trial, however, the trial has not yet commenced, and Court may pass appropriate Orders.

6. Considering the submissions made and upon perusal of the material on record, it is evident that the petitioner was earlier released on regular bail and that the NBW was issued due to his non-appearance before the learned Trial Court. It is also a fact that the trial has not yet commenced and may take considerable time for disposal. Keeping the petitioner in judicial custody for an indefinite period would serve no useful purpose. Therefore, this Court is inclined to enlarge the petitioner on bail.

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

i. The Petitioner/Accused No.1 shall be enlarged on bail subject to his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties each for the like sum each to the satisfaction of the learned I Additional Sessions Judge, Kurnool.

ii. The Petitioner/ Accused No.1 shall appear before the learned trial Court on every adjournment without fail.

iv. The Petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future.

v. The Petitioner/Accused No.1 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