Andhra Pradesh High Court – Amravati
Korada Balaji Krishna vs The State Of Andhra Pradesh on 11 August, 2025
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
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MONDAY, THE ELEVENTH DAY OF A'UGUST,
TWO THOUSAND AND TWENTY FIVE
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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO ~-
CRIMINAL PETITION NO: 5895 OF 2025 rf
Between:
Korada Balaji Krishna, S/o. Late Sriram Murthy, Aged about 56 years,
R/o. New Street, 2nd Lane, Jaipur, Odisha, R/o. D.No 17-34-2/16,
Ganesh Nagar, Narsing Nagar, Dondaparthi, Visakhapatnam
Petitioner/Accused No.3
AND
The State of Andhra Pradesh, through the Station House Officer,
Gajuwaka Police Station, Rep. by its Public Prosecutor, High Court of
Andhra Pradesh, Nelapadu, Amaravathi, Guntur District.
Respondent/Complainant
I.,
Petition under Section 480 & 483 of BNSS., is f,-led praying that in the
circumstances stated in the grounds filed in support of the petition, the High
Court may be pleased to release the petitioner / A3 on bail in connection with
Crime No. 57 / 2025 of Gajuwaka Police Station u/s. 20 (b) (ii) (c), 25 R/w. 8
(c) of NDPS Act, Visakhapatnam District dt: ll.02.2025.
The petition coming on for hearing, upon perusing the petition and the
affidavit filed in support thereof and upon hearing the arguments of sri. K
PRIDHVI RAJU, Advocate for the Petitioner and of PUBLIC PROSECUTOR
for the Respondent;
The Court macle the following ORDER.I
APHCO10283152025
lN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
EIE] (special Original Jurisdiction)
MONDAY,THE ELEVENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOllRABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 5895/2025
Between :
KORADA BALAJl .KRISHNA, S/O. LATE SRIRAM MURTHY, AGED
ABOUT 56 YEARS, R/O. NEW STREET, 2ND LANE, JAIPUR, ODISHA,
N/O. D.NO 17-34-2/16, GANESH NAGAR, NARSING NAGAR,
DONDAPARTHl, VISAKHAPATN/`M
H.PETITIONER/ACCUSED
AND
THE STATE OF ANDHRA PRADESH, through the Station House Officer,
Gajuwaka Police Station, Rep. by its Public Prosecutor, High Court of
Andhra Pradesh, Nelapadu, Amaravathi, Guntur Distric
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
K PRIDHVI RAJU
Counsel for the Respondent/comp[ainant:
PUBLIC PROSECUTOR
The Court made the following:
ORDER:
The Criminal Petition has been filed under Sections 437 and 439 of
the Code of Criminal Procedure,1973` (for brevity [the Cr.P.C.’)/ Sections
I
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Dr. YLR, J
CrI.P.No.5895 of 2025
Dclted ll.08.2025
480 and 483 of the BharatI’ya Nagarik Suraksha Sanhita, 2023 (for brevity
‘the BNSS!), seeking to enlarge the petitioner/Accused No.3 on bail in
Cr.No.57 of 2025 of Gajuwaka Police Station, Visakhapatnam
Commissionerate, registered against the petitioner/Accused No.3 herein for
the offences punishable under Section 20 (b) (ii)(C), 25 read with 8(c) of
the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity lthe
NDPS Act‘).
2. The case of the prosecution is that on ll.02.2025, on receipt of
credible information regarding the illegal possession and transportation of
ganja, the Sub-Inspector of Police, Gajuwaka Police Station, along with his
staff, secured the presence of mediators and obtained a search warrant,
and reached D.No. 24-9-1/3, behind More Super Market, VUDA Colony,
Kanithi Road, Gajuwaka, Visakhapatnam. The police found that the said
house is a three-storied building, and upon entering the said building, they
found one house -on the ground floor. The police knocked on the door of
the ground floor house, and soon after, one male person opened the door,
The police then found eight male persons inside the house. upon
verification, they found six cardboard boxes in-the bedroom. The six
cardboard boxes contained 90 packets of ganja. During the interrogation,
the Sub-Inspector of Police seized 4 packets from the vehicle KIA Seltos,
grey colour, bearing registratl-on No. OD 10 U 7595. The Investigating
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Dr. YLR, J
CrI.P.No.5895 of 2025
Dated ll.08.2025
officer seized a total of 94 packets of ganja, weighi,ng 184.00 kgs, under
the cover of a mediators] report, and the accused were arrested.
3. Mr.K.Pridhvi Raju, the learned counsel for the petitioner contends that
the petitioner is innocent of the alleged offence and has been falsely
implicated by the police. lt is further subm’ltted that the petitioner is the sole
earning member of the family and, therefore, his continued incarceration
would cause undue hardship to his dependents. The pet’ltioner undertakes to
strictly adhere to any conditions that may be imposed by this Court. In light of
the foregoing, learned counsel prays that the present Petition be allowed ‘ln the
interest of justice.
4. Per cot,fra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor
vehemently opposed the grant of bail to the petitioner, submitting that the
investigation is still undervay and several material Witnesses remain tO be
examined. lt is contended that if the petitioner is released on bail’at this stage,
there is a strong likelihood that he may abscond, thereby hampering the
ongoing investigation and evading the process of law. In view of the foregoing,
it js urged that the petition be dismissed.
5. As seen from the record, the petitioner/Accused No.3 was indulged in
possession of 184.00 kgs of ganja. Although it is commercial quantity, the
petitioner has been languishing in the jail since ll.02.2025 onwards. Nearly
for the past 180 days he has been in the judicial Custody. The investigating
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Dr. YLR, J_
CrI.P.No.5895 of 2025
Dated ll.08.2025
officer has not filed charge sheet in this case. Material portion of investigation
is completed. All the witnesses of the prosecution are official witnesses.
Hence, the question of petitioner ][nfluencing or threatening the Witnesses Or
hampering the investigation may not arise.
6. The learned Assistant Public Prosecutor submits that there are nO
adverse antecedents against the petitioner/Accused No.3 and 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
upto one year by indicating the progress of investigation and the specific
reasons for the detention of the accused beyond the initial period.
7. Section 36A(4) of {the NDPS Act‘ states that if the investigation is not
completed within 180 days, the petitioner/accused No.3 has an indefeasible
right to bail, unless the Special Court extends the period up to one year on the
report of the Public Prosecutor, indicating the progress of the investigation and
specific reasons for the detention of the accused beyond the initial period.
8. Considering the per’lod of detention undergone by the
petitioner/Accused No.3 in judicial custody for the past 180 days, the nature
and gravity of allegation levelled against the_ petitioner, and his alleged role
played in the case, this Court is inclined to enlarge the petitioner on bail with
the following stringent conditions: /
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Dr. YLR, J
Crl.P.No.5895 of 2025
Dclted ll.08.2025
i. The petitioner/Accused No.3 shall be enlarged on bail subject
to he executing a personal 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 the learned lll Additional Chief
Judicial Magistrate at Gajuwaka, Visakhapatnam.
ii. The petitioner/Accused No.3 shall appear before the
station House Officer concerned On every Saturday in between
10:00 am and 05:00 pm, till cognizance is taken by the learned
the Trial Court.
ii-I. The petit-loner/Accused No.3 shall not leave the limits of the \\
District without prior Permission from the Station House Officer
\
concerned.
iv. The petitioner/Accused No.3 shall not commit Or indulge in
commission of any offence in future.
v. The petitioner/Accused No.3 shall cooperate with the
investigating officer in further investigation of the case and shall
make himself ava’llable for -Interrogation by the investigating
officer as and when required.
vi, The petitioner/Accused No.3 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.
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Dr. YLR, J
CrI.P.No.5895 of2025 i
Dated ll.08.2025
vI’i. The petitioner/Accused No.3 shall surrender his passport, if
any, to the investigating officer. lf he claims that he does not
have a passport, he shall submit an affidavit to that effect to the
Investigating O.fficer.
9. Accordingly, the Criminal Petition is allowed.
/
. sD/- B.PRASAP RAO
ASSISTANT
//TRUE COPY//
SECTION OFFICER
To,
1. The Ill Additional Chief Judicial Magistrate at Gajuwaka,
Visakhapatnam.
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2. The I Addit’lonal District & Sessions Judge – Gum – Special Judge for
Trial of Offences under NDPS Act, Visakhapatnam.
3. The Superintendent, -Central Pr-lson, Visakhapatnam.
4. Theo Station House Officer, Gajuwaka Police Station, Visakhapatnam
District.
5. One CC to Sri. K PRIDHVI RAJU, Advocate [OPUC]
6. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh,
Amaravati. [OUT]
7. One spare copy
JSS
/€
I
HIGH COURT
DR.YLRJ
DATED: ll/08/2025
BAIL ORDER
CRLP.No.5895 of 2025
ALLOWED