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2025 DAILYLAW 20051 (AP)

PERABATTULA NARASIMHA RAO @ PEDDHAKAPU v. THE STATE OF ANDHRA PRADESH

CRLP/5843/2025 · 2025-06-23

A Hari Haranadha Sarma

body2025

Judgment text

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I 3520 I lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE A. HARI HARANADHA S CRIMINAL PETITION NO: 5843 OF 2025 Betwee n : Perabattula Narasimha Rao @ Peddhakapu, S/o. Narasimha Murthy , Aged 72 Years, Occupation: Business R/o. D. No. 4-256/1, Kala Venkata Rao Street, Ethakota Village, Ravulapalem MandaI, DR.BR.Ambedkar Konaseema District, Andhra Pradesh. Petitioner/Accused No.2 AND The State of Andhra Pradesh, Rep. by the Public Prosecutor, HI-gh Court of Andhra Pradesh, Velagapudi, Amaravati, Guntur District. Respondent/Complainant Petition under Sections 482 of BNSS (old 438 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the criminal Petition, the High Court may be pleased to grant anticipatory bail to the petl-tl'oner in the event of his arrest in connection with crime No. 114/2025 on the file of Proh. & Excise Station, Kothapeta, Dr.BR Ambedkar konaseema District; The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearl'ng the arguments of sri MAKIREDDY MANOJ, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following; THE HONOURABLE SRI JUSTICE A. HARI.HARANADHA SARMA CRIMINAL PETITION NO.5843 of 2025 ORDER: 1. This is an application filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of pre-arrest bail. The petitioner is arrayed as accused No.2 in Crime No.114 of 2025 of Prohibition & Excise Station, Kothapeta, Dr.B.R. Ambedkar Konaseema District, with' the allegations of committing the offences under Section 7-B r/w 8-B of Andhra Pradesh Prohibl'tion (Amendment) Act, 2020. 2. The petitioner prays for release on Bail, in the event of arrest. 3. Heard both sides. 4. The case of the prosecution, in brief, is that the accused No.1 found carrying I.D. Liquor in three bags. Al by name lna Ramu, S/o.Rama Krishna confessed that the petitioner is also involved in trading of I.D. Liquor. Hence, petitioner is liable for prosecution of punishment in terms of Sections under which the case is registered. 5. The petitioner/accused denied all the allegations. 6. Point for determination: 1 ) Whether the petitioner/A2 is ;ntitled for grant of pre-arrest bail in terms of Section 482 of BNSS? If so, on what terms? \`-` •TSi,+ Point No.1: 7. Learned counsel for the petitioner submitted that son of the petitioner is running grocery shop and even as per the prosecution version the Accused No.1 said to have purchased Jaggery from the shop of son of the petitioner. The petitioner is aged about 72' years. Petitioner is ready to offer sureties that may be ordered by this Court and cooperate with'the Police. 8. Learned Assistant Public Prosecutor formally opposed the application. 9. Upon considering the facts and circumstances of the case, nature and depth of allegations and age of the petitioner as well as the allegation of selling of Jaggery etc.,I the prayer of petitioner for grant of pre-arrest bail found convincing. 10. In the +esult, the Criminal Petition is allowed, on the following conditions: 1 ) Petitioner is directed to appear before the concerned Judicial Magistrate First Class within 15 days and on such appearance/surrender or arrest, he is entitled for release on bail, in respect of Crime No.114 of 2025 of Prohibition & Excise Station, Kothapeta, Dr.B.R. Ambedkar Konaseema District, which was registered with the allegation of committing offences under Section 7-B r/w 8-B of Andhra Pradesh Prohibition (Amendment) Act, 2020, on the condition of Petitioner/Accused executing bail bonds for Rs.20,000/- with two sureties each for a like sum to the satisfaction of the concerned Judicial Magistrate First Class. f'. -.``--_I -- t`~ -` Jf i,i=E! .lt 2) The Petitioner/A2 and his Sureties shall furnish their permanent residential address details and identity particulars to the concerned police and keep the Police informed about the change I'n address, if any, time {O time. 3) Details of the properties (immovable) if any, possessed by the petitioner/accused shall be furnished within 15 days of release on bail and if the petitioner/ A2 is not having any property,I specific declaration by either accused or his interested person, shall be filed before the concerned Court stating that the petitioner/accused is not having any property. /Th,'s concJ,'f,-on ,-s ,-mposed as the same is helpful in addressing the issue relating to ensuing availability of the petitioner/accused, for investigation, trial etc. purposes). 4) For the purpose of expediting the investigation process, the Petitioner/accused is directed to appear before the concerned s.H.O., after release on bail on every alternative Saturdays between 10 a.m. to 2.00p.m. for a period of (8) weeks or ti" filing of the charge sheet, whichever is earlier. 5) The petitioner/accused shall co-operate with the investigation agency, by furnishing necessary and legally permissible information and he shall not interfere with the investigation process like contacting or influencing the witnesses etc. ..I \\ ------- E1,:"fl 6) The petitioner/accused shall not leave India, without permission of the concerned Court. SD/-M.SRINIVAS' ; I }a"-``~'~ ASSISTAN ForA. //TRUE COPY// SEG3 I RA'R ON OFFICER To, 1. 2.. The Judicial First Class Magistrate, KothaPeta The Station House Officer, Proh. & Excise Station, KothaPeta, Dr.BR Ambedkar kOnaSeema District 3. One CC to SRl. MAKIREDDY MANOJ Advocate [OPUCl 4. Two CCs to Public Prosecutor, High Court Of AP [OUT] 5. One spare COPY 5*` '± +~ HIGH COURT AHHS,J DATED : 24/06/2025 BAIL ORDER CRLP.No.5843 of 2025 ALLOWED t|