Andhra Pradesh High Court - Amravati
Medari Balakrishna vs The State Of Andhra Pradesh on 12 September, 2025
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE TWELFTH DAY OF SEPTEMB .y /
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TWO THOUSAND AND TWENTY FIV^
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:PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHM^
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CRIMINAL PETITION NO: 9201 OF 2025 ✓
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Between: .0',5
Medari Balakrishna, S/o. Venkataiah, Aged about 35 years, R/o. T.
Saakibanda Village, Chinamandem Mandal, N/o. R.K. Nagar, Sambepalti,
Guttapalli, Annamayya District Andhra Pradesh - 531116.
...Petitioner/Accused No.1
AND
The State of Andhra Pi^esh, SHO, V. Satram Police Station, Nellore, Rep.
by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati.
...Respondent
V./'
Petition under Section 480 & 483 of BNSS (Old Sections 437 & 439 of
Cr.P.C), praying that in the circumstances stated in the memorandum of
grounds filed in support of the Criminal Petition, the High Court may be
pleased to grant him bail on su^ terms and conditions as deemed fit directing
her enlargement in Crime No. 21 of 2025 of V. Satram Police Station, Nellore,
SPSR Nellore District.
Counsel for the Petitioner :Sri Bhooma Maharshi Reddy '
Counsel for the Respondent : Ms.P.Akhila Naidu
Assistant Public Prosecutor.
The Court made the following
ORDER:
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A 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 petitioner/Accused No.lon bail in Crime No.21 of 2025 of V.Satram Police Station, Nellore, SPSR Nellore District, registered against the petitioner/Accused No.1 herein for the offence punishable under Section 8 (c) r/w 20(b)(ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'the NDPS Act').
CASE OF THE PROSECUTION:
2. The case of the petitioner, in brief, is that on 18.02.2025 at 20.00 hours at Venkatachalam Toll Plaza, Venkatachalam Mandal of SPSR Nellore District the police apprehended the petitioner herein along with another accused while they were travelling in Auto bearing No.AP 39 VA 9012 and found 174.290 Kgs of ganja and seized the contraband under a cover of mediators' report and registered a case in the aforementioned crime. The accused were remanded to judicial custody on 19.02.2025.
CONTENTIONS OF THE COUNSEL FOR THE PETITIONER:
3. Sri Bhooma Maharshi Reddy, learned Counsel for the Petitioner submits that the petitioner is the auto driver and he has nothing to do with the alleged offence. The main accused 3 to 5 have absconded from the scene of offence. The petitioner is permanent resident of Annamayya District and he undertakes to strictly adhere to any conditions that may be imposed by this 3 Court. In the light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice.
ARGUMENTS OF THE STATE:
4. Per contra, Ms.Akhila Naidu, learned Assistant Public Prosecutor submits that huge quantity i.e. 174.290 Kgs of Ganja was seized from the possession of the petitioner along with another accused. She submits that charge sheet was filed, taken on file and the same was numbered as NDPS SC No.39 of 2025.
POINT FOR CONSIDERATION:
5. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is;
Whether the Petitioner is entitled for grant of bail? ANALYSIS;
6. As seen from the record, the allegation against the petitioner/Accused No.1 is that he along with other accused was caught hold by the Inspecor of Police when they were illegally transporting 174.290 Kgs of ganja in 90 packets in the crime auto. The petitioner was arrested on 18.02.2025. He has been in judicial custody for the past 205 days. After thorough investigation, charge sheet was filed on 18.08.2025. Charge sheet was taken on file and numbered as NDPS SC No.39 of 2025 as submitted by the learned Assistant Public Prosecutor. The petitioner is permanent resident of Guttapalli of 4 Annamayya District. Since the charge sheet has already been numbered as NDPS S.C. No.39 of 2025, it will take a considerable length of time for commencement and disposal of the trial. Till such indefinite period, keeping the petitioner/accused in judicial custody would not be warranted in the facts and circumstances of the case.
CONCLUSION:
7. Considering the facts and circumstances of the case and the nature and gravity of the allegations levelled against the petitioner/Accus ed No.1, this Court is inclined to enlarge him on bail with the following stringent conditions.;
I. The petitioner/Accused No.1 shall be enlarged on bail subject to his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only), with two sureties each for the like sum each to the satisfaction of learned Judicial Magistrate of First Class, Nellore.
The petitioner/Accused No.1 shall appear before the learned Trial Court for each and every adjournment without fail. iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the Station Flouse Officer concerned.
IV. The petitioner/Accused No.1 shall not commit or indulge in commission of any offence in future. 5 V. The petitioner/Accused No.1 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. VI.
The petitioner/Accused No.1 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.
8. Accordingly, the Criminal Petition is allowed.
SDI- M.PRABHAKARA RAO ASSiSTANlte^iSTRAR //TRUE COPY// I SEdlofj OFFICER To,
1. The Judicial Magistrate of First Class, Nellore.
2. The Superintendent, Central Prison, Nellore, Nellore District.
3. The S.H.O, V. Satram Police Station, S.P.S.R.Nellore District.
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4. One CC to SRI. BHOOMA MAHARSHI REDDY Advocate [OPUC]
5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT]
6. One spare copy Ir-' cvss HIGH COURT Dr.YLR,J DATED: 12/09/2025 BAIL ORDER CRLP.No.9201 of 2025 ALLOWED