APHC010356112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI \ • : O vO \ *s WEDNESDAY, THE TWENTY THIRD DAY OF JULY \:^ TWO THOUSAND AND TWENTY FIVE ^'^‘7 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7377 OF 2025 Between: Pasala Sathi babu @ Spider man, S/o. Ganga Raju, Age about 34 years, R/o. Satellite city village, Rajamahendravaram Rural Mandal. East Godavari District. ...Petitioner/A1 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 (Section 438 of 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.61 of 2025 dated; 28.03.2025, on the file of the Rajahmundry I Town Police Station, East Godavari District. Counsel for the Petitioner: SRI KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following ORDER: m APHC010356112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY.THETWENTYTHIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7377/2025 Between: PASALA SATHI BABU ALIAS SPIDER MAN, S/0. GANGA RAJU, AGE ABOUT 34 YRS, R/0. SATELLITE CITY VILLAGE, RAJAMAHENDRAVARAM RURAL MANDAL. 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 Counsel for the Petitioner/accused: KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent/complainant: 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 brevity ‘the BNSS’) by 2 Dr. YLR, J Crl.P.No.7377of2025 Dated 23.07.2025 the petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.61 of 2025 of Rajahmundry I Town Police Station, East Godavari District, registered for the alleged offences punishable under Section 7-B read with 8-B of the Andhra Pradesh Prohibition Act, 2020. 2. The case of the prosecution is that on 28.03.2025 at about 11:00 A.M., at Sand Ramp, Godavari Bund Road, Rajamahendravaram the Sub-Inspector of Police, l-Town (L&O) Police Station, conducted a raid with his staff and arrested A-4 and found in his possession 50 litres of ID liquor (in 10 polythene covers of 5 litres each), valued at Rs. 15,000/-,was seized under the cover of mediators report. The supplier A-1/ Pasalla Sattibabu @ Satti @ Spider of Namavaram, along with Accused Nos.2 and 3 are absconding. Hence, a case was registered against the petitioner/Accused No.1. 3. Sri Kadiyam Neelakanteswara Rao, 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.1. 4. Per contra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of pre-arrest bail stating that 3 >■* Dr. YLR, J Crl.P.No.7377 of 2025 Dated 23.07.2025 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. 6. As seen from the mediator’s report dated 28.03.2025, the Sub- Inspector of Police, I Town (L&O) Police Station, recorded that the accused gave a confessional statement about 50 Liters of ID Liquor. 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’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab^ and Sushila Aggarwal v. State of DelhP. 7. The learned Assistant Public Prosecutor submits that there are two (02) adverse similar antecedents against the petitioner on earlier occasion. They are: Crime No.285 of 2020 and Crime No.513 of 2020 of Bommuru Police Station. \1980) 2 see 565 ^2020) 5 see 1 4 Dr. YLR, J ^ Crl.P.No.7377 of2025 Dated 23.07.2025 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 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 9. 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/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Rajahmundry I Town Police Station, East Godavari District. 2. One CC to SRI. KADIYAM NEELAKANTESWARA RAO, Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh at Amaravati. [OUT] 4. Two CD Copies Chp vna HIGH COURT DATED:23/07/2025 andS^ ORDER CRLP NO. 7377 OF 2025 t? .* 0?AUG?I»5 ^ ^ Curreni ^tion . S. ^// DISMISSING THE CRIMINAL PETITION