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2025 DAILYLAW 25255 (AP)

RELANGI VENKATESH v. THE STATE OF ANDHRA PRADESH

CRLP/7440/2025 · 2025-07-23

Y Lakshmana Rao

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010356172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI iz THURSDAY, THE TWENTY FOURTH DAY OF JUtY« TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7440 OF 2025 Between: Relangi Venkatesh, S/o. Srinu @ Yerra Srinu, R/o. Kavalagoyyi, Rajamahendravaram Rural Mandal, East Godavari District. ...Petitioner/A3 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. 198 of 2025 dated; 08.04.2025, 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: APHC010356172025 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: 7440/2025 Between: RELANGI VENKATESH, 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 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. 198 OF 2025 dated: 08.04.2025, on the file of the PROH. & EXCISE STATION RAJAMAHENDRAVARAM SOUTH, East Godavari District Counsel for the Petitioner/accused: 1.KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent/complainant: 1. 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 the petitioner/Accused No.3 for granting of pre-arrest bail in connection with Crime No. 198 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 08.04.2025, as per the instructions of the Director of Prohibition and Excise, Mangalagiri, Superintendent, Prohibition and Excise, Rajamahendravaram, along with their staff, conducted a raid at Durgamma Temple in coconut market back side of Stadium Road in Rajamahendravaram and found 5 liters of ID Liquor in 5 liters capacity white coloured plastic bucket and 50ml capacity small steel glass and some various IML bottles in a white coloured bag. When the police enquired the lady/Accused No.1 absconding, she revealed that she was selling the IML bottles and ID liquor and in that process, her husband/A2 purchased the ID Liquor from the petitioner/A3 herein. Then the police have seized the contraband and registered a case in Crime No. 198 of 2025 of Prohibition & Excise Station, East Godavari District. % 3. Sri K.Neelakanteswara Rao, the learned counsel for the submits that the petitioner has not committed petitioner, ! 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. 4. Per contra, Ms. P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that investigation yet completed; if the petitioner is granted pre-arrest bail, he will repeat the same offence, and urged to dismiss the bail petition. * Perused the record. 6. As seen from the record, the mediator’s report dated 08.04.2025, the prohibition and excise, Sub-Inspector recorded that the gave a confessional statement about the contraband. The further revealed that the petitioner is the supplier of ID Liquor. 7. Learned Assistant Public Prosecutor submits that there is not 5. accused accused are 12 adverse similar antecedents against the petitioner on earlier occasion. They are Crime Nos. 105 of 2025, Crime No.50 of 2022, Crime No. 154 of 2022, Crime No.243 of 2022, Crime No.493 of 2022 2021, Crime No.168 of 2021, Crime No.619 of 2021, 2021, Crime No.1278 of 2021, Crime No.1772 of 2021 Crime No.62 ofl Crime No.684 o' and Crime 4 No.1790 of 2021. Granting of the pre-arrest bail to any person involved in the offence is not a blanket protection shield against all accusations, and it cannot be claimed as a matter of right as per the judgments of the Hon'ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab’ and Sushila Aggarwal v. State of Delhi^. 8. ,ln view of the adverse antecedents against the petitioner and specific role placed in this case, .he is disentitled to get pre-arrest bail. his Hence, this Court does not deem it fit to grant pre-arrest bail to the petitioner. However, the learned counsel for the petitioner < Court to grant liberty to the petitioner to surrender before jurisdictional Magistrate concerned and requests this the learned move an appropriate application for his release before the Special Court concerned. 9. In the result, the Criminal Petition is disposed of granting liberty to the petitioner/Accused No.3 to surrender before the learned jurisdictional Magistrate concerned and move an appropriate application before the learned Judicial Magistrate concerned for enlarging him learned Judicial Magistrate concerned endeavour on bail. The 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 ^(1980) 2 see 565 ^ (2020) 5 see 1 % 5 the learned Special Court and pass appropriate orders within a reasonable time, preferably in two (02) days from the date of filing of bail application. Sd/- K SRINIVASA RAJU \ ASSISTANT REGI^RAR //TRUE COPY// SECTflON 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 ‘ HIGH COURT DATED:24/07/2025 ORDER CRLP NO. 7440 OF 2025 |r 31 JUL 2025 Jg DISPOSING OF THE CRIMINAL PETITION