Andhra Pradesh High Court – Amravati
Gemmeli Satyanarayana Alias Sathibabu vs The State Of Andhra Pradesh on 30 March, 2026
APHC010155022026
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: 2372/2026
Between:
1. GEMMELI SATYANARAYANA ALIAS SATHIBABU, S/O CHINNABBAI,
AGE 45 YEARS, R/O KORUKONDA VILLAGE, BALAPAM
PANCHAYAT, CHINTAPALLI MANDAL, ASR DISTRICT
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE
OFFICER, A.ANNAVARAM POLICE STATION, REP. BY ITS PUBLIC
PROSECUTOR, HIGH COURT OF ANDHRA PRADESH,
AMARAVATHI, GUNTUR DISTRICT.
...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/A5 on Bail in
connection with Crime No.32 of 2024 in of Annavaram(A.Annavaram) Police
Station, Alluri Seetha Rama Raju District U/s 20(b)(ii)(c) r/w 8(c)of NDPS Act,
1985, 31-08-2024 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: 2372/2026
ORDER:
This Criminal Petition, under Sections 480 and 483 of the BNSS, has
been filed by the Petitioner herein/Accused No.5, seeking regular bail, in
Crime No.32 of 2024 in of Annavaram (A.Annavaram) Police Station, Alluri
Seetha Rama Raju, registered for the offences punishable under Sections
20(b)(ii)(C) 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 31.08.2024 at about 4.00
pm, on receipt of credible information regarding illegal possession and
transportation of ganja, the S.I of Police, Annavaram Police Station, along with
staff rushed to outskirts of ltukubeddalu village, Balapam Panchayat and
conducted vehicle checking. They found two persons in suspicious
circumstances, on enquiry, they disclosed their identity particulars as that of
A1 and A2 and police found 370.7 kgs of ganja in their possession. Police
seized the contraband and arrested the accused and got them remanded to
judicial custody. They confessed that the names of A3 to A5 in their
confessional statement. During the course of investigation, A5 was arrested
on 09.12.2025 and remanded him to judicial custody.
3. Heard Sri Kakumanu Joji Amrutha Raju, learned counsel learned
counsel for the petitioner/accused No.5 and Mrs.K.Priyanka Lakshmi, learned
Assistant Public Prosecutor representing on behalf of the State.
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4. Learned counsel for the petitioner would submit that the petitioner
herein is arrayed as Accused No.5, 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 09.12.2025. He is
the sole breadwinner of his family. It is further submit that most of the
investigation might have been completed and therefore the
petitioner/accused No.5 may be enlarged on bail. The accused No.4 was
released on bail on 25.03.2025 in Crl.P.No.2284 of 2025 by a Coordinate
Bench of this Court. He would further submit that the petitioner herein is also
on the same footing as of the accused No.4. Learned counsel would finally
pray to enlarge the Petitioner on bail.
5. Learned Assistant Public Prosecutor on behalf of the State vehemently
opposed the petition and contended that the petitioner herein is on the same
footing as of the accused No.4. She would further submit that the petitioner
herein is arrayed as accused basing on the confession statement of the co-
accused. She finally submits that the Court may pass appropriate orders.
6. On perusal of the material on record goes to show that basing on the
confessional statement of co-accused, the name of the petitioner herein was
shown as accused in the present crime. Pursuant to the confessional
statement of the co-accused, nothing has been seized from the possession
of the petitioner herein/accused No.5. The petitioner was arrested on
09.12.2025. The learned Coordinate Bench of this Court in Crl.P.No.2284 of
2025 on 19.02.2025 enlarged accused No.4 on bail with certain conditions.
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The investigation in respect of petitioner has been completed. The petitioner
also stands on the same footing of accused No.4.
7. Considering the facts and circumstances of the case, the nature and
gravity of allegations leveled against the Petitioner/Accused No.5, this Court is
inclined to enlarge the petitioner/accused No.5 on bail with the following
conditions;
i. The petitioner/accused No.5 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 Judicial
First Class Magistrate Chinthapalli.
ii. The petitioner/accused No.5 shall appear before the Investigating
Officer as and when required and shall cooperate with further
investigation, if any.
iii. The petitioner/accused No.5 shall not directly or indirectly tamper with
evidence nor influence, intimidate, or induce any prosecution witness.
iv. The petitioner/accused No.5 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 further orders.
v. The petitioner/accused No.5 shall not commit or indulge in commission
of any offence in future.
vi. The petitioner/accused No.5 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.
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8. In the event of violation of any of the above conditions, the prosecution
shall be at liberty to seek cancellation of bail.
9. 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.
10. Accordingly, this Criminal Petition is allowed.
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: 2372/2026
Dt.30.03.2026
UPS