APHC01032165202S IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6626 OF 209!^ Between: Komali Ramanjaneyulu, S/o. K. Srirampuram Road Diwancheruvu, Andhra Pradesh. Satyanarayna, Aged 31 years, R/o 7-3/1. . Rajanagaram Mandal East Godavari ...Petitioner/Accused-A3 AND Rep. by its Public prosecutor. Rajamahendravaram South East Godavari The State of Andhra Pradesh Prohibition and Excise Station, District, Amaravathi, Guntur District. Through ...Respondent/Complainant Petition under Section 438 of Cr.P.C tn the circumstances stated i Petition, the High Court and 482 of BNSS Act praying that in the Memorandum of Grounds of Criminal may be pleased to Allow the Petition consequently to Grant Anticipatory Bail, directing the Prohibition Station, Rajamahendravaram South and and Excise East Godavari District. Counsel for the Petitioner: SRI DEVASRI Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following ORDER: ROSHAN KANCHARLA APHC010321652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6626/2025 Between: KOMALI RAMANJANEYULU YEARS, RAJANAGARAM MAN DAL EAST GODAVARI, ANDHRA PRADESH S/0 K SATYANARAYNA, AGED 31 DIWANCHERUVU, } j R/0 7-3/1, SRIRAMPURAM ROAD ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public prosecutor. Through Prohibition and Excise Station, Rajamahendravaram South East Godavari District, Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: DEVASRI ROSHAN KANCHARLA Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLRJ 1^' Crl.P.No.6626 of2025 Dated 23.07.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.3 for granting of pre-arrest bail in connection with Crime No.304 of 2025 of Prohibition & Excise Station, East Godavari District, registered for the alleged offences punishable under Sections 7-B read with 8-A, 8-B & 8-C of the Andhra Pradesh Prohibition Act, 2020. 2. The case of the prosecution is that on 22.06.2025 at the Sub-Inspector of Prohibition & Excise, Rajamahendravaram, along with her staff and a mediator (VRO of Diwancheruvu), conducted a raid as per the instructions of the Inspector. At the scene, they observed two men packing items in polythene who fled upon seeing the raid party. The staff identified them as repeat offenders in excise cases. Despite attempts to stop them, the accused escaped. The raid team seized 50 litres of ID liquor (10 polythene covers of 5L each), 45 litres of ID liquor in 9 covers, 120 litres of ID liquor in 4 black plastic cans, and 2000 litres of FJ wash stored in 10 drums, all about 5:30 P.M. covers 3 Dr. YLR, J Crl.P.No.6626 of 2025 Dated 23.07.2025 allegedly found at the premises rented by Kothapalli Vamsi. Based on staff identification, a case was registered against the petitioner for the alleged offence. 3. Mr.Devasri Roshan. K, the learned counsel for the petitioner submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is sole breadwinner of his family; he is ready to abide any conditions to be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioner/Accused No.3. 4. Per contra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of pre-arrest bail stating that investigation is not completed; if the petitioner is enlarged on pre-arrest bail, he would not be available for the investigation and he will repeat the same offence, and it is urged to dismiss the bail application. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. As seen from the mediator’s report dated 22.06.2025, the Sub- 6. Inspector of Prohibition & Excise, Rajamahendravaram, recorded that the accused gave a confessional statement about 50 liters of ID Liquor and 2000 litres of FJ Wash. The accused further revealed that the 'V 4 Dr. YLR, J ^ CrI. P. No.6626 of2025 Dated 23.07.2025 petitioner is the supplier of ID Liquor. Granting of the pre-arrest bail to accused is not a shield or protection for having committed an offence as per the judgment of the Hon’ble Apex Court in Gurbaksh Singh Sibbia V. State of Panjab^ and Sushila Aggarwal v. State of Delhi^. an 7. The learned Assistant Public Prosecutor submits that there are seven (07) adverse similar antecedents against the petitioner on earlier occasion. They are: Crime No.92 of 2025, Crime No.209 of 2024, Crime No.126 of 2023, Crime No.175 of 2023, Crime No.281 of 2023, Crime No.659 of 2022 and Crime No. 1441 of 2021. In view of the adverse antecedents against the petitioner and his specific role played in this case, he is disentitled to get pre-arrest bail. Hence, this Court does not deem it fit to grant pre-arrest bail to the petitioner. However, the learned counsel for the petitioner requests this Court to grant liberty to the petitioner to surrender before the learned 8. jurisdictional Magistrate concerned and move an appropriate application for his release before the learned Magistrate concerned. In the result, the Criminal Petition is dismissed granting liberty to the petitioner to surrender before the learned jurisdictional Magistrate 9. \l980) 2 see 565 ^(2020) 5 see 1 5 Dr. YLR, J Crl.P.No.6626 of 2025 Dated 23.07.2025 concerned within one (01) week from the date of receipt of copy of this order, and move an appropriate application before the learned Magistrate for enlarging him on bail. The learned Magistrate shall endeavor to dispose of the application on its own merits in accordance with law by giving due and sufficient opportunity of hearing to the learned Public Prosecutor before the learned Magistrate and pass appropriate orders within a reasonable time, preferably in two (02) days. Sd/- U SRIDEVI ASSISTANT REGISTRAR •\ //TRUE COPY// SE OFFICER To, 1. The Station House Officer, Rajamahendravaram South, East Godavari District. 2. One CC to Sri. Devasri Roshan Kancharla, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Amaravati. [OUT] 4. Two CD Copies Prohibition and Excise Station Pradesh at Chp sree HIGH COURT DATED:23/07/2025 ORDER CRLP NO. 6626 OF 2025 (P .* 0 1 AUG 2025 ? C9, ^ . Current Section DISMISSING THE CRIMINAL PETITION