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2025 DAILYLAW 18769 (AP)

Buddiga Durga Prasad v. The State of Andhra Pradesh,

CRLP/5366/2025 · 2025-06-23

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

```y\:4 ` IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY FOURTH DAY OF JUNE, TWO THOUSAND AND TWENTY FIVE r, :PRESENT: THE HONOURABLE SRI JUSTICE I.C.D.SEKHAR f CRIMINAL PETITION NO: 5366OF2025 / Between : Buddiga Durga Prasad, S/o. Devudu, Aged About 29 years, R/o. Sanjeevaya Nagar, VTC Rajamahendravaram Urban, Rajamahendravaram, East Godavari District. . . . Petiti oner/A2 AND The State ofAndhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent Petition under section 482 of BNSS, 2023 (Section 438 of Cr.P.C) is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner on bail in the event of his arrest in Crime No.103 of 2025 dated 28.04.2025, on the file of the Proh. and Excise Station RaJ-amahendraVaram North, East Godavari District; \,., . /I ...,. . The petition coming on for hearing, upon perusing the petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Kadiyam Neelakanteswara Rao, Advocate for the Petitioner and public prosecutor for the Respondent; E= i, The Court made the following ORDER: The present Criminal Petition has been filed under Section 438 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, by the petitioner for granting of anticipatory bail in connection with Crime No.103 of 2025 on the file of the Prohibition & Excise Station, Rajamahendravaram North, East Godavari District, registered for the alleged often;es punishable under Sections 7-B r/w 8-B of the Andhra Pradesh Prohibition (Amendment) Act, 2020. 2. lt is the case of the prosecution that as per the instructions of District prohibition and Excise Officer,I Rajamahendravaram, the Sub-Inspector conducted a raid on 28.04.2025 at 5:00 p.m. along with his staff at Sanjeeva Nagar, Rajamahendravaram Urban MandaI. l{ is the further case of the prosecution that the police found 250 plastic bottles with capacity of 200 ml i.e., 50 liters of ID Liquor. lt is the further case of the petitioner that on the statement given by the Sub-Inspector, Rajamahendravaram Urban Mandal, it has come to light that the petitioner is manufacturing ID Liquor. A \\ \.. `` `® 3. On the one hand, learned counsel for the petitioner would submit that the petitioner is not- present at the scene of offence and he was falsely implicated -ln the said crime. He would further submit that the petitioner did not commit any offence as alleged and he is the sole breadwinner of the family and requested to allow the present criminal petition. ji i= <irf- -i-- -_ - ------ I 4. Per contra, learned Assistant PubII-C Prosecutor opposed the bail application on the ground that the petitioner is a habitual offender and in the event of his release on bail, it is very difficult to secure his presence. 5. Having considered the submissI'OnS made by both the learned counsel, this Court is inclined to allow the present criminal petI'tiOn With the following conditions: i) ln the event of arrest of the petitioner, the petitioner shall be enlarged on bail on executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only), with two sureties each for like sum to the satisfaction of the Prohibition and Excise Sub-Inspector, prohibition & Excise Station, Rajamahendravaram North, East Godavari District; ii) The petitioner shall make himself available for investigation as and when required,- iii) The petitioner shall not cause any threat, inducement or promise to the Prosecution Witnesses; 6. Accordingly, the Criminal Petition is allowed. Sd/-K.J.Raja Babu //TRUE COPY// ASSISTANT;grlSTRAR To, SECTION OFFICER 1. The sub-Inspector, prohjbitjon & Excise station RaJ'ahmahendravaram North, East Godavari Distrl'ct. 2 O`he^`cc to srl Kadlyft;m Neelakanteswara Rao, Advocate [opuc] 3 Two cos to FzJbllc Prosecutor, Hlgh court of AP [OUT] 4. One spare copy MM p,--, =L,= HIGH COURT TCDS,J DATED :24/06/2025 ORDER CRLP.No.5366 of 2025 ALLOWED .-:;==. fu:i;SS A I._fkjRTE i; i 1 \uIN \\1\ She--I-. I, r+|