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2025 DAILYLAW 17854 (AP)

KATAKAM YESU @ BUJJI BABU v. THE STATE OF ANDHRA PRADESH

CRLP/5194/2025 · 2025-07-14

T C D Sekhar

body2025

Judgment text

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TUESDAY, THE FIFTEENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CRIMINAL PETITION NO: 5194 OF 2025 Between : Katakam Yesu @ Bujji Babu, S/o. Verrayya @ Veeraiah, Aged 46 Years, R/o. Raghunadhapuram Village, Rajanagaram Mandalam. Petitioner/Accused -AI AND The State of Andhra Pradesh, Rep., by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi. Respondent/Complainant Petition under Section 482 of BNSS., is filed praying that in the circumstances stated 'ln the grounds filed in support of the petition, the High Court may be pleased to grant Anticipatory bail to the petitioner, directing the arresting officer to release him on bail in the event of his arrest in connection with FIR No. 317/2024 of Spl. Enforcement Bureau Station, Rajamahendraviaram -South. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of sri. B PARAMESEWARA RAO Advocate for -the Petitioner and of PUBLIC PROSECUTOR for the Respondent; The Court made the following ORDER: THE HONOURABLE SRI JUSTICE T.C.D.SEKHA-R CRlfV[[NAL PETITION NO: 5194 of 2025 ORDER The present crI'minal Petition is filed under sectI-OnS 482 of the Bhara{iya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS'), seeking to grant anticipatory bail to the petitioner/Al in connection with crime No.317 of 2024 on the file of Special Enforcement Bureau Statiorl, Rajamahendravaram South for the offences registered under sections 7-B read with 8-A and 8-B of A.P.ProhibI-tl'On (Amendment) Act, 2020. 2. The case of the prosecution is that Excise Sub-Inspector of police, Rajamahendravarain south along with his staff reached Radheyapalem Village of Rajanagaram Mandal and found two persons hiding a black plastic can in the bushes. On seeing the raid party, both the persons trI-ed tO escape from the scene of offence. Thereafter the raid party chased them and caught hold of A2. On questioning him, he revealed that the black plastic can containing I.D.Liquor. ln the presence of the mediators, lthe Excise Sub- Inspector and staff verified the scene of offence and found 120 liters of I.D.Liquor in four black plastic cans each containing 30 liters of I.D.Liquor. On further questioning A2, he revealed that the person who ran away from the I scene of offence is the petitioner and both of them are manufacturing I.D.Liquor and they used to sell the same at higher price and sharing the Profit. On the statement of A2, the present crime is registered against the -\ pe\titioner. 3. On the other hand, learned counsel for the petitioner would submit that the petitioner did not commit any offence as alleged by the police and he was added as Al in the present crime only based on the confession statement made by A2. He would further submit that the petitioner was not present at the scene of offence and requested to allow the present application. 4. Per contra, learned Assistant Public Prosecutor would submit that the investigationL could not be completed inasmuch as the presence of the petI'tiOner iS not Secured and if this application is allowed, it is difficult to secure the presence of the petitioner. 5. Having regard to the submissions made by the learhed counsel for the petitioner and the learned Assistant Public Prosecutor, this Court is inclined to allow the present application with the following conditions: i) The petitlrOner Shall be enlarged on bail in the event of his arrest in connection with Crime No.317 of 2024 on the fI-le Of the Special Enforcement Bureau Police Station, Rajamahendravaram South, on his executing a personal bond for a sum of Rs.10,000/-with two sureties for a like sum each to the satisfaction of the arresting police officials. ii) The petitioner shall make himself available for.the investigation as and when his presence js required. iii) The petitioner shall not threat, induce or promise the prosecution witnesses. {-, a_* _ __ \ iv) The petitioner shall appear before the concerned police station on every sunday between 10.00 a.m. and 5.00 p.m. till filing of charge sheet. 6. With the above conditions, the present Criminal Petition is allowed. As a sequel, pending applications, if any, shall stand closed. SD/-G.HELANAIDU //TRUE COPY// AS S:S#:ISTRAR FICER Tol 1. The Station House Officer, The Spec-Ial Enforcement Bureau Station, Rajamahendravaram -South, East Godavari District. 2. One CC to Sri. B PARAMESEWARA RAO, Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 4. One spare copy JSS HIGH COURT TCDS, J DATED: 15/07/2025 BAIL ORDER CRLP.No.5194 of 2025 ALLOWED I