Andhra Pradesh High Court – Amravati
Dumpeta Karthik vs The State Off Andhra Pradesh on 23 July, 2026
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APHC010362452026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
THURSDAY, THE 23rd DAY OF JULY 2026
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 5827 OF 2026
Between:
1. Dumpeta Karthik, S/o. Srinivas
Srinivas,, aged about 21 years,R/o. H. No.4-6,
No.4
Yousuf Nagar,Korutia Mandal, Karimnagar District,Telangana State.
2. Hrudaya Khara, ,S/o. Dhaniel Khara,aged about 39 years.R/o. Baida
Katiaput Village, Koraput District, Odisha State.
...Petitioners
AND
1. The State off Andhra Pradesh, Rep by its Public Prosecutor,High Court of
Andhra Pradesh
radesh at Amaravati.
...Respondent
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,
ition, the High Court pleased to enlarge the petitioners/accused
no 1 , 2 on bail pending disposal of crime no 148/2026 of gopalapatnam PS
visakhapatnam district and pass
Counsel for the Petitioners: BOOSARA V N PRAVEEN KUMAR
Counsel for the Respondent PUB
PUBLIC PROSECUTOR
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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 2 on bail in Crime No. 148 of 2026
of Gopalapatnam Police Station, Visakhapatnam District, registered against
the Petitioners/Accused Nos.1 and 2 herein for the offence punishable under
Sections 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act,
1985 (for brevity ‘the NDPS Act‘).
2. Heard the learned Counsel for the Petitioners and the learned Assistant
Public Prosecutor.
3. The Petitioners are permanent resident of Yousuf Nagar, Korutla
Mandal, Karimnagar District, Telangana State and Balda Katiaput Village,
Koraput District, Odisha State. They were arrested on 03.06.2026. They have
been in judicial custody for the past 51 days. The Petitioners 1 and 2 were
allegedly found in possession of 1.7 Kgs of ganja, which is not a commercial
quantity. If Accused No.1 is enlarged on bail with certain stringent conditions,
he may not interfere with further progress of investigation or hampering the
investigation. Accused No.1 impressional age of 21 years. So far, three
witnesses were examined, they are all material witnesses. Material portion of
investigation with regard to alleged role played by the Petitioner No.1 is
completed.
4. The Petitioner No.2/ Accused No.2 has not mentioned about the
pending case against him in the bail application as mandated. In this regard, it
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is apposite to refer to the judgment of the Hon’ble Apex Court in Zeba Khan v.
State of U.P.,1 wherein, at Paragraph Nos. 47 and 48, it was observed that
bail applications are often considered on the basis of prima facie material
placed before the Court at different stages of the proceedings. The Court held
that non-disclosure of material facts, such as criminal antecedents, prior bail
rejections, custody period, and the stage of trial, may result in an erroneous
grant or refusal of bail. It was further held that every bail applicant is under an
obligation to disclose all material particulars, including criminal antecedents
and any coercive processes pending against him, duly supported by an
affidavit. Such disclosure is necessary to ensure transparency, uniformity, and
integrity in bail adjudication.
5. The petitioner shall be presumed to be innocent until the guilty is
proved. The Hon’ble Apex Court in Prabhakar Tewari v. State of Uttar
Pradesh 2 at para No.7 observed that criminal similar adverse antecedents
cannot be basis for refusal of bail. However, the alleged offence is only
transportation of 1.7 kgs ganja. Since the Petitioner is a habitual offender, the
Petitioner No.2/ Accused No.2 is not enlarged on bail at this point as
investigation not yet been completed. If the Petitioner No.2/ Accused No.2 is
released on bail prejudice will be caused to process of investigation at this
stage and there is every likelihood that the Petitioner No.2/ Accused No.2
would commit similar offence in further.
1
2026 SCC Online 188
2
(2020) 11 SCC 648
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6. Having regard to the entire facts and circumstances of the case and in
view of the law laid down by the Hon’ble Apex Court in Zeba Khan supra, this
Court is not inclined to enlarge the Petitioner No.2/ Accused No.2 on bail at
this juncture. Accordingly, the Criminal Petition is liable to be dismissed
against Petitioner No.2/ Accused No.2.
7. Having regard to the nature and gravity of allegation levelled against the
Petitioner No.1/ Accused No.1, his alleged role played in this case, and the
period of detention undergone by the Petitioner No.1/ Accused No.1, this
Court is inclined to enlarge the Petitioner No.1/ Accused No.1 on bail with the
following stringent conditions:
8. In the result, the Criminal Petition is partly allowed with the following
conditions:
i. The Petitioner No.1/ Accused No.1 shall be enlarged on
bail subject to his 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 I Additional
District and Sessions Judge – Special Judge for Trial of Offences
under NDPS Act, Visakhapatnam.
ii. The Petitioner No.1/ Accused No.1 shall not commit or
indulge in commission of any offence in future.
iii. The Petitioner No.1/ Accused No.1 shall cooperate with
the investigating officer in further investigation of the case and
5shall make himself available for interrogation by the investigating
officer as and when required.
iv. The Petitioner No.1/ 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.
v. The Petitioner No.1/ Accused No.1 shall surrender his
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.
_________________________
DR. Y. LAKSHMANA RAO, J
Date: 23.07.2026.
KK
6THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 5827 OF 2026
Date: 23.07.2026.
KK
