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2025 DAILYLAW 16126 (AP)

NAGARI CHINNABBA alias KAKKAIAH v. THE STATE OF ANDHRA PRADESH

CRLP/4690/2025 · 2025-05-07

T Mallikarjuna Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA' THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA CRIMINAL PETITION NO: 4690 OF 2025 Mi. & !; /o 0 m 0 atX t; ;.'5 y. ■.yy'A ///tti. ./f Between: * Nagari Chinnabba Alias Kakkaiah, S/o late N. Budathaiah, aged about 69 years R/o D.No.3-80, Gajanki Village and HA/V, Karvetinagaram Mandal Tirupati District, Andhra Pradesh ... Petitioner/Accused AND The State Of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh,(Prohibition and Excise Station, Karvetinagaram, Karvetinagaram Mandal, Tirupati District) ....Respondent/Complainant Petition under Section 438 of Cr.P.C & U/S 482 of BNSS, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant pre-arrest bail to the petitioner in the event of his arrest in Crime No.37 of 2025 dated 24-02-2025 of Prohibition and Excise Station, Karvetinagaram, Karvetinagaram Mandal Andhra Tirupati District, Pradesh. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of CHAMARTHY LEELA SRINNIVASA VARMA Advocate for the Petitioner, Assistant Public Prosecutor for the respondent and the Court made the following. ORDER APHC010210962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4690/2025 Between: Nagari Chinnabba Alias Kakkaiah ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1. CHAMARTHY LEELA SRINNIVASA VARMA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order:- ...RESPONDENT/COMPLAINANT The Criminal Petition, under Section 482 of the BNSS, is filed on behalf of the petitioner herein to grant anticipatory bail in connection with Crime No.37 of 2025 of Prohibition and Excise Station, Karvetinagaram, registered for the offences punishable under Sections 7(A) r/w 8(e) of the A. P. Prohibition Act, 1995. Brief facts of the case are that, on 24.02.2025 at about 07.00 A.M., the Prohibition and Excise Inspector, Karvetinagaram along with his staff rushed to south side to Gajanki Village of Karvetinagaram 2. F 2 Mandal and found a porson sitting in front of brewed aluminium vessel, escaped from the scene of place and found 100 liters can capacity containing 05 liters of ID a case was registered against On seeing the police party, the accused offence. The Inspector of Police verified the of FJ wash and found 10 liters arrack. The contraband was seized and the petitioner. 3. Heard. Perused the record. 4. Learned counsel for the petitioner contends that to the case of the apprehended at the even according was not case was prosecution the petitioner herein scene of offence and the present registered against the petitioner based on suspicion. 5. Learned Assistant Public Prosecutor vehemently opposed the grant of anticipatory bail to the petitioner. A perusal of the material 6. on record goes to show that the who was in possession of the contraband absconded the offence upon seeing the police, and the details investigating officer was able to identify the accused In the absence of such material, this Court person from the scene of regarding how the are not referred to. accepts the submission of case against the the learned counsel for the petitioner that the petitioner is based on mere suspicion. It is submitted by the learned counsel for the petitioner that the petitioner had permanent abode and is submitted petitioner herein has there is no possibility of his fleeing away from justice. It by the learned Assistant Public Prosecutor that the no previous crime record. 7. In view of the facts and circumstances of the inclined to grant anticipatory bail to the following conditions. case, this Court is petitioner herein, on the y 3 (i) The petitioner herein is directed to surrender before the House Officer concerned, within a period of two (2) weeks from the date of receipt of a copy of this order. On such surrender, the petitioner herein is ordered to be enlarged on bail on his executing a personal bond for Rs. 10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction House Officer concerned, (ii) On release, the petitioner shall Officer, concerned, months, (iii) The petitioner shall make himself available for Investigation as and when required and that he shall inducement or promise to the prosecution witnesses. Accordingly, the Criminal Petition is allowed. Station of the Station appear before the Station House once in a fortnight, for a period of three (3) not cause any threat. 8. SD/- G.HELANAIDU ASSISTAN^^ISTRAR //TRUE COPY// SECTION FICER To 1. The SHO, (Prohibition and Excise Station, Karvetinagaram, Karvetinagaram Mandal, Tirupati District) 2. The Judicial Magistrate of First Class, Puttur or S.H.O., Prohibition and Excise Station, Karvetinagaram. 3. One CC to SRI. CHAMARTHY LEELA SRINNIVASA VARMA Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh.[OUT] 5. One spare copy ksr \ HIGH COURT TMR, J DATED:08/05/2025 BAIL ORDER CRLP.No.4690 of 2025 ALLOWED