Taku Narsimma Singh v. The State of Andhra Pradesh

Prosecutor, High Court of Andhra Pradesh, Amaravati. Respondent Petition Under Section 480 & 483 of BNSS/ Under Section 439 of Cr.P.C., praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/A1 and A3 on regular bail in connection with Crime No.354/2025 of Gandepalli Police Station, for the offence under Section 8(c) r/w 20(b)(ii)(C) of the NDPS Act, pending trial in S.C.No.73/2026 on the file of the I Additional District and Sessions Judge-cum-Special Judge for NDPS Cases, Rajamahendravar am, on such terms and conditions as this Hon’ble Court may deem fit and proper in the interest of justice. The petition/Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI APPA RAO KOTHURU Advocate for the Petitioner/ Accused No.1 & 3, Public Prosecutor for Respondent and the Court made the following. ORDER 2 Dr.YLR.J Crl.RNo.6229 of 2026 Dated 19.08.2026 The Court made the following: 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 Petitioners/Accused Nos.1 and 3 on bail in Crime No.354 of 2025 of Gandepalli Police Station, Kakinada District, registered against Petitioners/Accused Nos.1 and 3 herein for the offences punishable under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity ‘the NDPS Act’).

#2. Mr.K.Appa Rao, the learned counsel for the petitioners, submits that the petitioners are innocent of the alleged offence and they have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family and, therefore, their incarceration would cause undue hardship to their dependents. They are law-abiding citizens. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing submissions, the learned counsel prays that the present petition be allowed in the interest of justice.

#3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor vehemently opposed the grant of bail to the petitioners and submitted that, though the charge sheet has already been filed, the accusations against the petitioners are well founded. Hence, he prayed that the Criminal Petition be dismissed. 3 Dr. YLRJ Crl.PNo.6229 of 2026 Dated 19.08.2026

#4. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.

#5. As seen from the record, after completion of a thorough investigation, the charge sheet has been filed. The accusations levelled against Accused Nos.1 and 3 are prima facie well-foonded. The petitioners have been in judicial custody for the past 286 days pursuant to their arrest on 06.11.2025. The allegation against the petitioners is that they were involved in dealing with

21.7 Kgs. of Ganja, which is a commercial quantity. There are no merits in the petition insofar as the petitioner/Accused No.1 is concerned. Hence, the petition filed by the petitioner/Accused No.1 is dismissed.

#6. However, considering the health condition of the petitioner/Accu sed No.3, who is suffering from a hip joint fracture and diminution of vision, this Court is inclined to enlarge the petitioner/Accused No.3 on bail with the / following stringent conditions: i. The Petitioner/Accused No.3 shall be enlarged on bail subject to his executing a bond for a sum of Rs. 1,00,000/- (Rupees One Lakh only) with two sureties for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Peddapuram. ii. The Petitioner/Accused No.3 shall appear before the learned Trial Court on each and every adjournment without 4 1 Dr.YLR.J Crl.RNo.6229 of 2026 Dated 19.08.2026 - fail and cooperate for the expeditious completion of the trial. iii. The Petitioner/Accused No.3 shall not commit or indulge in commission of any offence while on bail. iv. The Petitioner/Accused No.3 shall not, directly 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. V. The Petitioner/Accused No.3 surrender passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer.

#7. In the result, the Criminal Petition is partly allowed. / / To, SD/- P.SIVA SITA RAMA KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

#1. The Superintendent, Central Jail, Rajamahendravaram. i

#2. The Metropolitan Sessions Judge Cum I Addl. District and Sessions Judge for trial of offences under NDPS Act, Rajamahendravaram. ^ 1. The Station House Officer, Gandepalli Police Station, Kakinada Districr 2. One CC to SRI. APPA RAO KOTHURU Advocate [OPUC] 3. Two CC’s to Public Prosecutor, High Court of AP at Amaravati. [OUT] 4. One spare copy. TVSR \ \ HIGH COURT DR.YLR.J DATED: 19/08/2026 BAIL ORDER CRLP.No.6229 of 2026 ALLOWED i