Jayavarapu Kiran Sai vs The State Of Andhra Pradesh on 30 March, 2026

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    Andhra Pradesh High Court – Amravati

    Jayavarapu Kiran Sai vs The State Of Andhra Pradesh on 30 March, 2026

    APHC010154972026
                         IN THE HIGH COURT OF ANDHRA PRADESH
                                       AT AMARAVATI                        [3396]
                                (Special Original Jurisdiction)
    
                       MONDAY, THE THIRTIETH DAY OF MARCH
                         TWO THOUSAND AND TWENTY SIX
    
                                     PRESENT
    
      THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
    
                         CRIMINAL PETITION NO: 2369/2026
    
    Between:
    
       1. JAYAVARAPU KIRAN SAI, S/O. MANIKYALA RAO, AGED ABOUT 21,
          RESIDENT   OF   CITIZEN     COLONY,   GANDHI    GRAMAM,
          CHODAVARAM MANDAL, ANAKAPALLI DISTRICT.
    
                                                      ...PETITIONER/ACCUSED
    
                                        AND
    
       1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC
          PROSECUTOR,  HIGH COURT OF ANDHRA PRADESH    AT
          AMARAVATI.
    
                                              ...RESPONDENT/COMPLAINANT
    
         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, the High Court pleased to release the petitioner/Accused-1
    on bail in Cr.No. 14 of 2026 of A.Konduru Police Station, Anakapalli District,
    under section 20(b)(ii)(B),25 r/w 8(c) NDPS Act, Dated 26-01-2026 and pass
    
    Counsel for the Petitioner/accused:
    
       1. KAKUMANU JOJI AMRUTHA RAJU
    
    Counsel for the Respondent/complainant:
    
       1. PUBLIC PROSECUTOR
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         THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
    
                        CRIMINAL PETITION NO: 2369/2026
    
    ORDER:

    This Criminal Petition, under Sections 480 and 483 of the BNSS, has

    been filed by the Petitioner herein/Accused No.1, seeking regular bail, in

    SPONSORED

    Cr.No.14 of 2026 of A.Konduru Police Station, Anakapalli District, registered

    for the offences punishable under Sections 20(b)(ii)(B),25 r/w 8(c) of Narcotic

    Drugs and Psychotropic Substances Act (for short “NDPS Act“).

    2. The case of the prosecution in brief, is that, on 26.01.2026 basing on

    the reliable information received by the Inspector of police, he along with his

    staff and mediators proceeded to the scene of offence and found some

    persons in possession of 8 kgs of Ganja. A1 was arrested on 26.01.2026

    while the other persons escaped and seized the contraband under the cover

    of mediator’s report. Subsequently, the other accused were also arrested.

    3. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel learned

    counsel for the petitioner/accused No.1 and Mrs.K.Priyanka Lakshmi, learned

    Assistant Public Prosecutor representing on behalf of the State.

    4. Learned counsel for the petitioner would submit that the petitioner

    herein is arrayed as Accused No.1, who has been falsely implicated in this

    crime and that he is in no way connected with the commission of the offence.

    The Petitioner has been in judicial custody since 26.01.2026. The contraband

    involved in the present crime is 8 kgs of Ganja, which is a non-commercial
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    quantity. It is further submitted that the statutory period is over and no report

    has been filed before the Trial Court till date. Learned counsel further submits

    that the petitioner undertakes to strictly adhere to any conditions that may be

    imposed by this Hon’ble Court.

    5. Learned Assistant Public Prosecutor on behalf of the State vehemently

    opposed the petition and contended that the investigation is still pending and

    the contraband involved in the present case is 8 kgs of Ganja. She would

    further submit that no report was filed before the learned Court below by the

    learned Public Prosecutor concerned seeking for extension period of judicial

    custody of the petitioner by indicating the progress of investigation and the

    specific reasons for the detention of the accused beyond the initial period.

    6. Considering the submissions and upon keen perusal of the material

    placed on record and in the light of the facts and circumstances of the case,

    that the petitioner is in judicial custody since 26.01.2026, the fact that the

    contraband involved in the present crime is only 8 kgs of Ganja, that the

    statutory period is over and no report has been filed before the Court by the

    prosecution, this Court is inclined to enlarge the petitioner/accused No.1 on

    bail with the following conditions;

    i. The petitioner/accused No.1 shall execute a personal bond for a sum

    of Rs. 20,000/- (Rupees Twenty Thousand only) each with two

    sureties for a like sum each, to the satisfaction of the learned

    Additional Judicial First Class Magistrate, Chodavaram.
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    ii. The petitioner/accused No.1 shall appear before the Investigating

    Officer as and when required and shall cooperate with further

    investigation, if any.

    iii. The petitioner/accused No.1 shall not directly or indirectly tamper with

    evidence nor influence, intimidate, or induce any prosecution witness.

    iv. The petitioner/accused No.1 shall appear before the Station House

    Officer, concerned, once in a week i.e., on every Saturday between

    10.00 a.m. and 5.00 p.m. till filing of charge sheet.

    v. The petitioner/accused No.1 shall not commit or indulge in commission

    of any offence in future.

    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 concerned Court.

    7. In the event of violation of any of the above conditions, the prosecution

    shall be at liberty to seek cancellation of bail.

    8. It is also made clear that the observations made in this order are only for

    the purpose of deciding the bail application and they shall not be construed as

    opinion on the merits of the Crime.

    9. Accordingly, this Criminal Petition is allowed.
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    As a sequel thereto, the miscellaneous applications, if any, pending in

    this Criminal Petition shall stand closed.

    __________________________________________
    DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
    Date: 30.03.2026.

    UPS
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    THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

    CRIMINAL PETITION NO: 2369/2026

    Dt.30.03.2026

    UPS



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