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
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