Kallapalli Nagendra @ Keela & Ors. vs State Of Andhra Pradesh

Dr Y. Lakshmana Rao, J

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 petitioners/Accused Nos.1, 2 & 4 on bail in Cr.No.198 of 2024 of Obulavaripalli Police Station, Annamayya District, registered against the petitioners/Accused Nos.1, 2 & 4 herein for the offence punishable under Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

The case of the prosecution in nutshell is that on 02.11.2024 at 10.15 am, on credible information, the Inspector of Police, Railway Kodur Circle, along with his staff reached near Chenna Kesava Swamy Temple, on NH 716 road, Obulavaripalli Mandal and found A1 to A4 in possession of ganja. Then the police caught the accused and found 50 KGs of ganja in their possession and arrested them under cover of panchanama.

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

Smt. Ayesha Azma, the learned counsel for the petitioners submits that the petitioners have not committed any offence; petitioners were falsely implicated by the police in the crime; petitioners are the sole breadwinners; petitioners would abide by any conditions to be imposed by this Court; and urged to allow the petition.

Per contra, learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioners are habitual offenders, some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and would escape from the clutches of law; and urged to dismiss the bail petition.

As seen from the record, the petitioners have been in the judicial custody since 02.11.2024. The petitioners are residents of Annamayya District, Tirupati District of Andhra Pradesh and Calicut of Kerala respectively. If the petitioners are enlarged on bail with stringent conditions, they would not flee away from the clutches of the law, and interest of the justice would be served.

Keeping in view of the period of detention undergone by the petitioners in judicial custody for more than 190 days, the nature and gravity of allegation levelled against the petitioners, and their alleged role in the case, this Court is inclined to enlarge the petitioners on bail with the following stringent conditions.

In the result, the criminal petition is allowed with the following conditions:

i. The petitioners/A1, A2 & A4 shall be enlarged on bail subject to their executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each, with two sureties each for the like sum each to the satisfaction of the learned Judicial Magistrate of First Class at Kodur.

ii. The petitioners/A1, A2 & A4 shall appear before the Station House Officer, Obulavaripalli Police Station, Annamayya 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 petitioners/A1, A2 & A4 shall not leave the limits of the District without prior permission from the learned Judicial Magistrate of First Class at Kodur.

iv. The petitioners/A1, A2 & A4 shall not commit or indulge in commission of any offence in future.

v. The petitioners/A1, A2 & A4 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required.

vi. The petitioners/A1, A2 & A4 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.