APHC010356412025 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: 7375 OF 2Q2fi Between: Pasala Sathi babu @ Spider man, S/o. Ganga Raju, Age about 34 Satellite city village, Rajamahendravaram Rural Mandal, District. years, R/o. East Godavari ...Petitioner/A2 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 Memorandum of Grounds of Criminai Petition, the High Court may be pieased to enlarge the petitioner on bail in the 2025 dated: 08.06.2025 Rajamahendravaram South, East Godavari District. Counsel for the Petitioner: SRI KADIYAM NEELAKANTESWARA Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following ORDER: in the event of his arrest in Crime No.285 of the file of the Proh. & Excise Station on RAO APHC010356412025 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: 7375/2025 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.7375 of2025 Dated 23.07.2025 the petitioner/Accused No.2 for granting of pre-arrest bail in connection with Crime No.285 of 2025 of Prohibition & Excise 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 08.06.2025 at about Prohibition and Excise Inspector, Rajamahendravaram South, along with staff, and mediator proceeded to the scene near the bushes beside the SC burial ground wall at Arundhati Peta, Rajavolu At about 04:30 PM, the team spotted a woman acting suspiciously. She attempted to flee but was apprehended, found in her possession a mica gunny bag emitting a strong ID liquor, containing 35 litres of ID liquor in seven 5-litre polythene covers. On questioning, she herself confessed to purchasing the liquor from A-2. A-1 was arrested on the spot at 04:30 PM. A 300 ml sample of ID liquor was collected for chemical analysis. The remaining liquor was seized, under the cover of a mediator report drafted at the scene. Based on the confession of Accused No.1, the case was registered against the petitioner/Accused No.2. 04:00 P.M. village. 3. Sri Kadiyam Neelakanteswara Rao, the learned counsel for the petitioner, submits that the petitioner has not committed any offence; he 3 Dr. YLR, J Crl.P.No.7375 of2025 Dated 23.07.2025 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.2. Per contra, Ms.P.Akila Naidu, the learned Assistant Public 4. 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. Heard the learned counsel for the petitioner and the learned 5. Assistant Public Prosecutor. Perused the record. As seen from the mediator’s report dated 08.06.2025, the 6. Prohibition and Excise Inspector, Rajamahendravaram South, recorded that the accused gave a confessional statement about 35 litres 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 4 Dr. YLR, J Crl.P.No.7375of2025 Dated 23.07.2025 Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab^ and Sushila Aggarwal v. State of Delhi^ The learned Assistant Public Prosecutor submits that there nine (09) adverse similar antecedents against the petitioner on earlier occasion. They are; Crime No.60 of 2025, Crime No. 63 of 2025, Crime No. 218 of 2025, Crime No.267 of 2025, Crime No.287 of 2025, Crime No.311 of 2025, Crime No. 280 of 2022 and Crime No.34 of 2022. 7. are 8. 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 jurisdictional Magistrate concerned and move an appropriate application for his release before the learned Magistrate concerned. 9. In the result, the Criminal Petition is dismissed granting liberty to the petitioner/A-2 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 \1980)2 SCC565 ^(2020) 5 see 1 5 «!» Dr. YLR, J Crl.P.No.7375of2025 Dated 23.07.2025 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 appropriate orders within a reasonable time, preferably in two (02) days. pass Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// section officer 1. The Station House Officer, Proh. & Excise Station Rajamahendravaram South, East Godavari District. 2. One CC to Sri. Kadiyam Neelakanteswara Rao, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Amaravati. [OUT] 4. Two CD Copies To, Pradesh at Chp sree w HIGH COURT DATED:23/07/2025 ORDER CRLP NO. 7375 OF 2025 DISMISSING THE CRIMINAL PETITION