AMARAVATI, India, Feb. 17 -- Andhra Pradesh High Court issued the following order on Jan. 16:
1. 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/A2 and A3 on bail in Cr.No.274 of 2025 on the file of Giddalur Police Station, Prakasam District, registered against the petitioners/A2 and A3 herein for the offence punishable under Sections 331(d) and 305(d) of BNS.
2. The case of the prosecution in nutshell is that on information received by the Police that some persons are in illegal possession of ganja, the Police secured mediators and went to the scene of offence and arrested one Vadlamanu Siva Reddy (A1) on 15.11.2025. A case in Crime No.274 of 2025 was registered against A1 and he was produced before the concerned Magistrate and remanded to judicial custody by order dated 15.11.2025. It is further case of the prosecution that on the confession made by A1, the petitioners/A2 and A3 were arrayed as accused in the said crime.
3. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent.
4. It is the case of the petitioners that they have not committed the offence as alleged by the Police and they were falsely implicated in the present crime. It is further case of the petitioners that they are the sole breadwinners of their respective families and that they were arrested on 15.11.2025 and since then they are in judicial custody. It is further case of the petitioners that based on the confession alone they were implicated in the present crime.
5. On the other hand, learned Assistant Public Prosecutor opposed the bail application on the ground that the petitioners are habitual offenders and in active connivance with A1, they are doing the illegal activities of selling ganja. It is further submitted by the Assistant Public Prosecutor that apart from the present case, the petitioners are also involved in theft case.
6. Having considered the submissions made by either side, this Court is inclined to allow the present application inasmuch as the petitioners were arrayed as A2 and A3 based on the confession made by A1. Apart from the same, it is evident on perusal of the record that nothing has been seized from the petitioners. Further, the petitioners have been in judicial custody since 15.11.2025.
7. In view of the same, the Criminal Petition is allowed on the following conditions:-
(i) The petitioners/A2 and A3 shall be enlarged on bail on executing bond for a sum of Rs.10,000/-(Rupees Ten Thousand Only) each with two sureties for like sum each, to the satisfaction of learned Additional Judicial First Class Magistrate, Giddalur.
(ii) The petitioners/A2 and A3 shall appear before the Station House Officer, Giddalur Police Station, Prakasam District, on every Saturday between 10.00 a.m. to 05.00 p.m., till filing of the charge sheet.
(iii) The petitioners/A2 and A3 shall not leave the limits of the District without obtaining prior permission from the learned Additional Judicial First Class Magistrate, Giddalur.
As a sequel, pending applications, if any, shall stand closed.
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