APHC010716952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13534 OF 2025 Between:

1. D OPPALAPUDI SUBBA RAO, BODAWADA VILLAGE, PARCHURU MANDAL, BAPATLA DISTRICT ...PETITIONER/ACCUSED AND

1. T HE STATE OF ANDHRA PRADESH, , REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVTHI,GUNTUR DISTRICT ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:

1. VEERAVALLI VENKATA RAVI KUMAR Counsel for the Respondent/complainant:

1.

The Court made the following:

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13534 OF 2025 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-2 on bail in Crime No. 289 of 2021 of Allagadda Rural Police Station, Kurnool District, registered against the Petitioner/Accused-2 herein for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

2. Heard Mr. V.V.Ravi Kumar, the learned Counsel for the Petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor.

3. The case of the prosecution in brief is that on 27.09.2021 at 9.15 hrs near Kasireddy Asramam, Ahobilam Village, where the Accused No. 1 to 4 were found in possession of 5.300 Kgs of ganja with an intention to sell the same to Accused No.5 to 8. The Accused were arrested and the Police seized ganja and two motor cycles etc., under cover of Mahazar and registered the above crime.

4. Learned counsel for the Petitioner would submit that the Petitioner was arrested on 29.09.2021. Thereafter, he obtained regular bail on 02.11.2021. The Petitioner is Accused No.2 and facing trial in NDPS S.C.No. 12 of 2022 on the file of learned I Additional Sessions Judge, Kurnool. On 06.10.2025 due to severe health condition, he could not appear before the learned I Additional Sessions Judge, Kurnool, consequently a Non Bailable Warrant was issued against the Petitioner. The Petitioner was produced before the Court below on 03.12.2025, on execution of NBW and he has been in judicial custody since then. The Petitioner has filed a regular bail petition before learned Trial Court for his release, which was dismissed on 16.12.2025 vide Crl.M.P.No.631 of

2025.

5. Learned counsel for the Petitioner would submit that the Petitioner has been attending the Court each and every adjournment, except on 06.10.2025. The Petitioner is ready to furnish sufficient sureties for his release to assure his presence for the purpose of trial.

6. Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders.

7. As can be seen from the record, no doubt it is a case of jumped bail. It is further observed that on 06.10.2025, the Petitioner could not attend the Court, when the matter came up for trial. Unfortunately, his learned counsel failed to file absent petition to condone his absence. Subsequently, the Petitioner moved the Petition for his release on bail, which was dismissed by learned Court below.

8. Be that as it may, the Petitioner is facing the trial before learned Trial Court. The case is at the stage of trial. Initially, the Petitioner was released on bail, because of his absence NBW was issued and on execution of NBW the Petitioner was produced before the Court below, he is in judicial custody again.

9. In that view, this Court is inclined to enlarge the Petitioner on bail with the following conditions:

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

i. The Petitioner/Accused No.2 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 for the like sum each to the sa