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2026 Supreme(Online)(AP) 17479

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venkata Jyothirmai Pratapa, J
Shaik Siraj – Appellant
Versus
The State of Andhra Pradesh – Respondent
CRIMINAL PETITION NO: 3461/2026



Advocates:
For the Appellants/Petitioners: Bhooma Maharshi Reddy
For the Respondents: Public Prosecutor

The court may grant interim bail on humanitarian grounds to allow accused persons to attend the funeral rites of a close family member, subject to the execution of bonds and monitoring by jurisdictional police.

Headnote:(A) Interim Bail - Humanitarian Grounds - Grant of temporary release to accused persons to participate in the funeral rites and last ceremonies of a deceased close relative is permissible upon the court's satisfaction. (Para 6)

Issues: Whether the petitioners are entitled to interim bail to perform the last rites of the deceased brother of the first petitioner.

Table of Content
1. background of the criminal petition and the underlying ndps case facts. (Para 1 , 2 , 3)
2. request for interim bail based on the death of a family member. (Para 4 , 5)
3. grant of interim bail on humanitarian grounds with specific conditions. (Para 6 , 7 , 8)

Petition under Section 437 /438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to grant regular bail to the Petitioners / Accused Nos.2 and 3 in Crime No.223 of 2025 of Santhapeta Police Station Nellore City, for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C) of the NDPS Act, on such terms and conditions as deemed fit and proper

IA NO: 1 OF 2026

Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interim bail for a period of 10 days to the Petitioners / Accused Nos.2 and 3 in Crime No.223 of 2025 of Santhapeta Police Station, Nellore City, to enable them to perform and participate in the last rites and funeral ceremonies of the deceased brother of the 1st petitioner, on such terms and conditions as deemed fit and proper

ORDER:

1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioners herein/Accused Nos.2 and 3, seeking regular bail, in Crime No.223 of 2025 of Santhapeta Police Station, Nellore City, registered for the offences punishable under Sections 8(C) r/w 20(b)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

2. The case of the prosecution, in brief, is that on 16.12.2025, during the morning hours, the police, while conducting a search at the residential premises bearing Door No. 9-1-203, situated at Rayapuvvari Street, Kapadapalem, Nellore City, found the accused engaged in packing ganja into small packets, and in the course of the said search, seized 20.950 kilograms of ganja from the possession of the accused.

3. Heard Sri Bhooma Maharshi Reddy, learned counsel for the petitioners and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State.

4. Learned counsel for the petitioners would submit that the petitioners herein are accused Nos. 2 and 3, who are facing allegations for the offences punishable under Sections 8(C) r/w 20(b)(ii)(C) of the NDPS Act. Learned counsel would further submit that accused No.3 is wife of the accused No.2 and the accused No.2 is the brother of Accused No.4. Learned counsel for the petitioners would further submit that accused No.4 was released on bail on medical grounds and yesterday evening, he died while taking treatment. Learned counsel for the petitioners would further submit that they restrict their prayer for the release of the petitioners for two (2) weeks to attend the funeral and other ceremonies of their brother.

5. Learned Assistant Public Prosecutor, on instructions, would submit that accused No.4 died, who is the brother of the accused No.2. She would further submit that the Court may pass appropriate orders.

6. Considering the submissions and upon keen perusal of the material placed on record, since the brother of the accused No.2 died yesterday evening, this Court is inclined to enlarge the petitioners/accused Nos.2 and 3 on interim bail till 07.05.2026, with the following conditions;

i. The petitioners/accused Nos.2 and 3, shall execute personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) each, to the satisfaction of the Superintendent, Central Prison, Nellore.

ii. The petitioners/accused Nos.2 and 3, shall report before the Superintendent, Central Prison, Nellore by 05.00 PM., on 07.05.2026.

iii. The concerned jurisdictional police are directed to monitor the movements of the petitioners/Accused Nos. 2 and 3 during the period of their interim bail.

7. In the event of violation of any of the above cond

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