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2025 DAILYLAW 13765 (AP)

KOMALI NAGA KRISHNA PRABHAKAR v. THE STATE OF ANDHRA PRADESH

CRLP/3600/2025 · 2025-04-21

T Mallikarjuna Rao

body2025

Judgment text

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I, , : £ ,-I;:-3;3¥j!..9 I I N TH EMHol : :ACT: UTRHTEOTFwAENNDTHyR:I P:R:A+DDEASyH oA: i:RA:LA^RT#¥,¥x€:3¥ng3§ .#',i``r.I.I::` '€,i.#t:; ;i€ TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE SRI JUSTICE T MALLIKARJUNA CRIMINAL PETITION NO: 3600 OF 2025 Betwee n : t- E= KomalI' Naga Krishna Prabhakar, s/o K Srinu, Aged 28 years,1-211, Lalacheruvu, Rajanagaram, East Godavari, Andhra Pradesh Petitioner/Accused-AI AND The State ofAndhra Pradesh, Rep. by its Public prosecutor, Through ProhibI'tiOn and Excise Station, Rajamahendravaram south, East Godavari District, Amaravathi, Guntur District. Respondent/complainant petition under sectI-OnS 482 of BNSS (old 438 of Cr.P.C), praying that in the circumstances stated in the affI'daVit fI'Ied in support of the crI-minal petition, the High Court may be pleased to AIlow the Petition and consequently to Grant Anticipatory Bail, directing the prohibition and Excise station, Rajamahendravaram south, East Godavari DistrI-Ct tO Release the petitioner/Accused AI I'nVOIved in crime No.30 of 2025 in the event of his arrest. The petition coming on for hearing, upon perusing the petition and the grounds fl'led in support thereof and upon hearI'ng the arguments of Sri DEVASRI ROSHAN KANCHARLA, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent and the court made the foIIowI-ng,I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (special original Jurisdiction) [3369] MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE I IVIALLIKARJUNA RAO CRIMINAL PETITION NO-. 3600/2025 Between : Komali Naga Krishna-Prabhakar ...PETITIONER/ACCUSED AND The -State Of Andhra .URESPONDENT/COMPLAINANT Pradesh counsel for the Petitioner/accused: 1. DEVASR[ ROSHAN KANCHARLA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following Order: The Criminal Petition, under Section 482 of the BNSS, is filed on behalf of the petitioner herein/Al to grant anticipatory bail in connection with Crime No.30 of 2025 of Prohibition and Excise Station, Rajamahendravarm South, East Godavari District. 2. The -above said crime Was-registered against the petitioner for the offences punishable under Sections 7-B read with 8-B and 8-A of the A.P. Prohibition (Amendment) Act,2020. 3. Brief facts of the case are that, On ll.01.2025 at 12.30 p.m., the prohibition and Excise Inspector, Rajamahendravaram along with his staff, while conducting raids, When they reached lssuka puntha in Raghunadhapuram Village, and found the v-_J €€ \ accused person standing at two aluminium vessels. On seeing the police party, the accused escaped from the spot. They verified the place and found 20 liters of I.D. Liquor and 2200 liters of FJ Wash and the same was seized under the cover of special report. 4. Heard. Perused the record. 5. Learned counsel for {r}e petitioner submits that this court in similar facts of case in criminal Petition No.1437 of 2022, dated 10.03.2022, granted anticipatory bail on the ground that the police did not apprehend the accused at the scene of offence. AIthough, it is stated that the poII'Ce have identifl-ed the said person as the petitioner therein, there is no valid basis for the said identification. Therefore, the very identity of the person who ran away from the scene of offence is in serious dispute. He further submits that in the light of the above decision, the Present Criminal Petition is liable to be a`IIowed. 6. On the other hand, the learned. Assistant Public pros'ecutor submits that court may pass appropriate orders and according to his instructions, the petitioner herein has no previous crime I-ecord. 7. Considering the submissions made and perusing the material on record including the decision in criminal Petition _ cfro r '\- 3 ~/ No.1437 of 2022, dated 10.03.2022, this Court is inclined to grant anticipatory to the petitioner hereI-n for the reasons alike. 8. Accordingly, the Criminal Pe{i{ion is allowed. ln the event of arrest of the petitioner in the above crime, he shall be forthwith released on bail on execution of self bond .for Rs.5O,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the station House Officer concerned. ASSJSTA+fur //TRUE COPY// / -.i.\: SD/-p.vIN6b_ KUMAR, ``' r\-fJ--_ _ TRAR: I.`. To, 1. The Station House Officer, Prohibition and Excise Station, Rajamahendravarain South, East Godavari District 2. One CC to __SRI._DEVASRI ROSHAN KANCHARLA Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court ofAP [OUT] 4. One spare copy Kj ?\ -tLJ` ck.itEL \ ` \ HIGH COURT TMR,J DATED..21/04/2025 BAIL ORDER CRLP.No.3600 of 2025 ALLOWED #l^ , 2 2 NPR lrybJ