APHC010356302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI S THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7373 OF 2025 Between: Nagendra alias Shenagana Naga Satishkumar, S/o. Suryanarayana. Aged about 26 years, R/o. Raghunadhapuram Village, Rajanagaram (Madal), East Godavari District. ...Petitloner/Accused AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent Petition under Section 482 of Bharatiya Nagarik Suraksha Samhitha, 2023 (Sec. 438 Cr.P.C.) 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. 194 of 2025 dated; 05.04.2025, on the file of the Proh. Excise Station Rajamahendravaram South, East Godavari District. Counsel for the Petitioner: SRI KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following ORDER: APHC010356302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7373/2025 Between: NAGENDRA ALIAS SHENAGANA NAGA SATISHKUMAR, S/0. SURYANARAYANA, AGED ABOUT 26 YEARS, R/0. RAGHUNADHAPURAM VILLAGE, RAJANAGARAM (MADAL), 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 Courtpleased to enlarge the petitioner on bail in the event of his arrest in Crime No. 194 of 2025 dated: 05.04.2025, on the file of the PROH. EXCISE STATION RAJAMAHENDRAVARAM SOUTH, East Godavari District and pass Counsel for the Petitioner/accused: 1.KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: f order The Criminal Petition Bharatiya Nagarik Suraksha the petitioner/Accused Crime No. 194 of 2025 District, registered for the read with 8 (A) of the Andhra Pradesh has been filed under Section Sanhita, 2023 (for brevity tor granting of 482 of the ‘the BNSS’) by connection with pre-arrest bail in of Prohibition & Excise Station, East Godavari alleged offences punishable under Section 7-B Prohibition Act, 1995. 2- The case of the credible information village, the Prohibition prosecution is that on 04.04.2025 regarding illegal manufacturing on receipt of of ID Liquor in the Rajamahendravaram and Excise Inspector, with his staff and the Village Revenue along Officer, conducted a raid at Yadava Chandrarao Cashew Mango garden in Srikrishnapatnam village of Rajanagaram Mandal and found 1400 liters of FJ wash iin seven (07) plastic drums each drum confaining about 200 liters of FJ Wash which was m Of distillation Of ID Liquor. When the police enquired the coolies working FJ Wash drums belong to the petitioner. Then there, they revealed that the they have seized the 2025 of Prohibition & Excise contraband and registered a case in Crime No. 194 of Station, East Godavari District. ■'t: 3 % Sri K.Neelakanteswara Rao, the learned counsel for the petitioner 3. submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is the sole breadwinner of his family; he is ready to abide any conditions to be imposed by this Court; and urged to grant pre-arrest bail to the petitioner/Accused. Per contra, Ms. P.Akila Naidu, the learned Assistant Public 4. 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 it is urged to dismiss the bail petition. 5. Perused the record. As seen from the record, the mediator’s report dated 05.04.2025, the prohibition and excise, Sub-Inspector recorded that the accused gave a confessional statement about 1400 litres of FJ Wash. The accused further revealed that the petitioner is the supplier of ID Liquor. Granting of the pre-arrest bail to an accused is not a shield or protection for having committed an offence as per the judgment of the Hon’bk Apex Court in Gurbaksh Singh Sibbia v. State of Panjab^ and Sushila Aggarwal v. State of Delhi^. 6. Learned Assistant Public Prosecutor submits that there are 6 7. adverse similar antecedents against the petitioner on earlier occasion. (1980) 2 see 565 ^2020) 5 see 1 i They are; Crime No. 119 of 2025, of 2022, Crime No.721 of 2021 No.1513 of 2021. Crime No. 118 of 2023, Crime No.431 Crime No.952 of 2021 and Crime 8. In view of the adverse antecedents specific role played in this case, he is disentitled to against the petitioner and his get pre-arrest bail. Hence, this Court does not deem it fit to grant pre-arrest bail to the petitioner. However, the learned Court to grant liberty to the petitioner counsel for the petitioner requests this to surrender before the learned jurisdictional Magistrate concerned and for his release before the learned Magistrate move an appropriate application concerned. 9. In the result, the Criminal Petition i the petitioner to surrender before the learned concerned and move Magistrate for enlarging him endeavour to dispose of the application with law by giving due and sufficient learned Public Prosecutor before appropriate orders within a reasonable time IS disposed of granting liberty to jurisdictional Magistrate an appropriate application before the learned on bail. The learned Magistrate shall on its own merits in accordance opportunity of hearing to the the learned Magistrate and pass preferably in two (02) days. Sd/- K SRINIVASA R ASSISTANT REGIST^ U AR //TRUE COPY// SECTION OFFICER To. 1. The Station House Officer, r South, East Godavari District. Proh. Excise Station, Rajamahendravaram 2. One CC to Sri. Kadiyam Neelakanteswara Rao, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh Amaravati. [OUT] 4. Two CD Copies at Chp sree ¥ HIGH COURT DATED:24/07/2025 ORDER CRLP NO. 7373 OF 2025 |r^ 31 JUL 2025 J)| \«es£aisss^ DISPOSING OF THE CRIMINAL PETITION