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2025 DAILYLAW 24347 (AP)

Buddiga Devudu v. THE STATE OF ANDHRA PRADESH

CRLP/7102/2025 · 2025-07-16

Y Lakshmana Rao

body2025

Judgment text

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1 APHC010343692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7102/2025 Between: BUDDIGA DEVUDU, S/O. PULLAYA, AGED ABOUT 60 YEARS, R/O. SANJEEVAYA NAGAR, VTC RAJAMAHENDRAVARAM URBAN, RAJ AMAHENDRAVARAM, EAST GODAVARI DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the 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.273 OF 2025 dated: 01.06.2025, on the file of the Proh. & Excise Station Rajamahendravaram North East Godavari District and pass any such order or orders. Counsel for the Petitioner/accused: 1. KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 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 for granting pre-arrest bail in connection with Crime No.135 of 2025 of Prohibition and Excise Station, Rajamahendravaram North, East Godavari District, registered for the offence punishable under Section 7B r/w 8A of the Andhra Pradesh Prohibition Act, 1995. 2. The case of the prosecution is that as per the mediator’s report dated 01.06.2025 at 7.30 p.m. in Konthamuru village that 1800 liters of fermented jaggery wash was detected by the Investigating Officer and he had seized the same under the cover the above mediator’s report and registered a case. 3. Sri Kadiyam Neelakanteswara Rao, learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is the sole bread winner of his family, he is ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioner on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor, opposed grant of bail to the petitioner stating that there are several adverse antecedents against the petitioner, which are of the same nature and prays to dismiss the petition. 3 5. Perused the record. 6. In view of the specific allegations levelled against the petitioner and reporting of several adverse antecedents nearly 11 cases, this Court feels that it is not a fit case to grant pre-arrest bail to the petitioner. However, learned counsel for the petitioner requests the Court to grant liberty to the petitioner to surrender before the learned jurisdictional Magistrate and move appropriate application for his release. 7. Accordingly, the Criminal Petition is dismissed. The petitioner is permitted to surrender before the learned jurisdictional Magistrate and move appropriate application for release. Learned jurisdictional Magistrate is directed to dispose of the bail application on its own merits within reasonable time preferably in two days from the date of filing of the petition. ________________________ DR. Y. LAKSHMANA RAO, J Date: 17.07.2025 ARR 4 137 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7102/2025 Date: 17.07.2025 ARR