APHC010634272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12212/2025 Between:

Penumaka Samuyelu Alias Samuel ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:

Koppisetti Parvati Devi Counsel for the Respondent/complainant:

Public Prosecutor The Court made the following:

ORDER:

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 on bail in Crime No.309 of 2025 of Bommuru Police Station, East Godavari District, registered against the Petitioner/Accused herein for the offences punishable under Sections 8(c) read with Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

3. As seen from the record, the allegation against the Petitioner/Sole Accused is that he was found in possession and transportation of 1200 Kgs of ganja. It is not a commercial quantity. There are no similar criminal adverse antecedents reported against the petitioner. However, the petitioner was involved in four I.P.C offences including one offence punishable under Section 307 of ‘the I.P.C’. So far eight witnesses are examined. They are all official witnesses. Material portion of the investigation is completed. Bleak chances are there to threaten the official witnesses or tampering the evidence. The petitioner was arrested on 21.09.2025. He has been in the judicial custody for the past 70 days. The petitioner is a permanent resident of Hukumpeta, Rajahmundry Rural. He has got fixed abode. If the petitioner is enlarged on bail he many not evade from the process of law. No application was filed seeking for custodial interrogation of the petitioner.

4. Considering the facts and circumstances of the case, gravity and nature of the allegations levelled against the Petitioner/Accused, this Court is inclined to enlarge the Petitioner/Accused on bail with the following stringent conditions:

i. The Petitioner/Accused shall be enlarged on bail subject to he executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties each for the like sum each to the satisfaction of the learned VI Judicial Magistrate of I Class, Rajamahendravaram.

ii. The Petitioner/Accused shall appear before the Station House Officer, Bommuru Police Station, East Godavari District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court.

iii. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned.

iv. The Petitioner/Accused shall not commit or indulge in commission of any offence in future.

v. The Petitioner/Accused 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.

vi. The Petitioner/Accused 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 or to any police officer.

vii. The Petitioner/Accused shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer.

5. Accordingly, the Criminal Petition is allowed.

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DR. Y. LAKSHMANA RAO, J Date: 01.12.2025 KMS THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12212 OF 2025

01.12.2025 KMS