Yalagada Jaya Prakash, v. The State of Andhra Pradesh
CRLP/7275/2025 · 2025-07-20
Y Lakshmana Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24829 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24829 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
lN THE HIGH COURT OF ANDHRA PRADESH AT AMA MONDAY ,THE TWENTY FIRST DAY OF JULY TWOTHOUSANDANDTWENTYFIVE 7# ts5= :PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO / CRIMINAL PETITION NO: 7275 OF 2025 Betwee n : yalagada Jaya Prakash, S/o Janardana Rao, Aged 28 years, Residing at D.no. 3-124, Balagudaba Village, Parvathipuram Mandal, Vizianagaram. Petitioner/Accused No.2 AND The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Through Parvathipuram Manyam Prohibition and Excise Station, Parvathipuram, Vizianagaram District. Respondent petition under section 482 of BNSS is filed praying that in the c-lrcumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to grant antiCiPatOry bail tO the petitioner/Accused No. 2 in the event of his arrest in Crime No.100 of 2025 on the file of the parvathipuram Manyam: Prohibition & Excise Station, Parvathipuram, Vizianagaram District. The petition/Appeal coming Ion for hearing, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments Of sri BONU RAMA SHANKAR RAO Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. I <- j, /,
-`|-` I . `. ,I,u + :~|!ApHCb10351532O25 ., i ,l'-yiit£' . ,::.*}Ei \+i. .`'` `.. :i-5..| + .i. ?- . ` `\ .._ ' i tl.- .,.`.,I J -/_/ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7275/2025 [3521] Between :
YALAGADA JAYA PRAKASH, S/O JANARDA'NA RAO, AGED 28 YEARS, RESIDING AT D.NO. 3-124, BALAGUDABA VILLAGE, PARVATHIPURAM MANDAL, VIZIANAGARAM. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by its publl-c Prosecutor, High Court of Andhra Pradesh, Through Parvathipuram Manyam Prohibition and Excise Stall-On, Parva{hipuram, vizianagaram District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
BONU RAMA SHANKAR RAO Counsel for the Respondent/complainant: I PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for br I-" [the BNSS') by the
\- Dr.
YLR, J CrI.P.No.7275 of 2025 Dated 21.07.2025 petitioner/Accused No.2for grahting of pre-arrest bail in connection with Crime No.100 of 2025 of prohibit-Ion and Excise Station, Parvatipuram, Parvathipuram Manyam District, registered for the alleged offences punishable under section 7 (b) read with 8 (B) of the Andhra Pradesh Excise Act, 2020 (for brevity[the Act'). 2. The case of the prosecution is that on 25.04.2025 at about 09.40 hours, on receipt of credible information from DPEO, Parvathipuram Manyam, the ESl, ESTF, PVP, and s#ff proceeded to Balagudaba Village limits of Parvathipuram Mandal, conducted raids, and found one female person with a plastic bag. On seeing the raid party, she tried to escape from the place of offence. Immediately, along with staff, she was caught and held, and was a`sked about her escape. Then she stated that she' had lD liquor sachets in the bag. Later, she stated that she got the ID liquor from Accused No.2 and sold the same at her village at a higher price for her livelihood. Based on the confession given by Accused No.1, a case was registered against the petitioner/Accused No.2. - E
3. Sri B.Rama Shankar Rao, the leamed counsel for the petitioner, submits that the petitionerhas no`t committed any offence; he was falsely implicated in this case; he is the sole breadwinner `6f his family; he is ready to abide any conditions to be imr\r- J this Court; and urged to grant pre-arrest bail to the petitio I? E Dr. YLR, J CrI.P.No.7275of2025 S Dclted 21.07.2025
4. Per cot,fro, Ms. P.Akila 'Naidu, the learned Assistant Public prosecutor, opposed in granting of bail stating that investigation is not yet completed; if the petitioner is granted pre-arrest bail, he will repeat the same offence and urged to dismiss the bail petition. 5. Perused the record. 6.
As seen from the record, based on the confession given by Accused No.1 in the mediator]s report dated Z5,04.2025, the Prohibition and Excise police have shown the petitioner as Accused No.2. The prosecution submits that there are no similar adverse antecedents against the petitioner. The petitioner has a fixed abode. The learned counsel for the petitioner orally submitted that the petitioner has been falsely implicated in this case based solely on the confession of Accused No.1, who has animosity with the petitioner, even though he has not committed any offence. I
7. ]n view of the nature of are allegations [eVe[ed against the petitioner/Accused No.2, his alleged role in this case, this Court deems 'lt fit to grant pre-arrest bail to the petitioner/Accused No.2. 8. In the result, the Criminal' Petition is allowed with the following donditions: t--
---I 4 Dr. YLR, J CrI.P.No.7275 of 2025 Dated 21.07.2O25 i. ln the event of his arrest, the petitioner/Accused No.2 shall be enlarged on bail subjeft to he executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only),with two sureties for the like sum each to the satisfaction of thearresting police officials; ii. The petitioner/Accused No.2 shall make himself ava-llable for investigation as and when required; iii. Thepetitioner/AccusedNo.2shall not cause any threat, inducement or promise to theprosecution witnesses; iv. The petitioner/Accused No.2 shall appear before the station House Officer concer#ed oncein a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of I the charge sheet. v. The petitioner/Accused No.2 shall not leave the district limits without the express permission from the Station House Officer concerned. //TRUE COPY// For I / SD/-K.J- ASS ISTAN SECTIO
To,
1. The Station House Officer, Parvathipuram Manyam Prohibition and Excise Station, Parvathipuram, Vizianagaram DI-Strict. 2. OneCCto SRI. BONU RAMASHANKAR RAOAdvocate[OPUC] /
3. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati / [OUT]-
4. One spare copy E=
HIGH COURT DR.YLR,J DATED..21 /07/2025 BAIL ORDER CRLP.No.7275 of 2025 ALLOWED \ \