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2025 DAILYLAW 25310 (AP)

Srinivasarao Palavarapu v. The State of Andhra Pradesh

CRLP/7406/2025 · 2025-07-22

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA WEDNESDAY ,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO.- 7406 OF 2025 Betwee n : AND -.I;I.'.. !t .,|8i '~ _ i-tr® *2 i:?__-_- `I, i.j\- Srinivasarao palavarapu, s/o p Krishna Murthy, Proprietor of Crystal Polymers, Aged about 56 years, R/o HarI-thaPuri Colony, Keesara Mandal, K.V Ranga Reddy, Telangana State. Petitioner/Un Numbered Accused The State ofAndhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati Respondent/Complainant Petition under sectI'On 482 of BNSS is filed praying that in the circumstances stated in the affidavit fl-led in support of the criminal PetitI'On, the High Court may be pleased to grant Anticipatory Bail to the Petitioner/ un Numbered Accused in the event of his arrest in connection with FIR No.12 of 2025 of Prohibition and Excise Station, Koduru, Annamayya District. The petition/Appeal coming on for hearI®ng, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri NAGA RAJU KOLLATI Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. APHCO10358022025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HdNOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7406/2025 [3521] Betwee n : SRINIVASARAO PALAVARAPU, S/O P KRISHNA MURTHY, PROPRIETOR OF CRYSTAL POLYMERS, AGED ABOUT 56 YEARS R/O HARITHAPURI COLONY,KEESARA MANDAL, K.V RANGA REDDY, TELANGANA STATE. H.PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: NAGA RAJU KOLLATI Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bhara{iya Nagar'Ik Suraksha Sanhita, 2023 (for brevity [the BNSS') by yI-rf~; Dr. YLR, J CrI.P.No.7406 of 2025 Dated 23.07.2025 the petitioner/un numbered Accuse/i for granting of pre-arrest bail in connection with Crime No.12 of 2025 of Prohibition & Excise Station, Annamayya Distr'lct, registered for the alleged offences punishable under se;lion 7 read with 8 (b) (ii) of the Andhra Pradesh Prohibition Act] 1995. 2. The case of the prosecution is that on 29.01.2025 at about 03:00 P.M., raided the house of Marri Ayyappa bearing D.No.1/111 of Anantharajupeta Village of Kodur Mandal, arrested the Accused Nos.1 and 2 and seized (121) bottles of O!cl Admiral VSOP Brandy (180mI) of spurious liquor, (40) bottles of Celebrity]s Choice Brandy (180mI) of spurious liquor, Yamaha Cygnus Ray ZR (Scooty) bearing No. APO4 BL 3470, Hero Passion Pro motorcycle bearing No. APO4 BH 3422, and one mobile phone of Accused No.1. Further, at about 05:00 P.M., raided the house of Marri Ayyappa in Lakshmi Nagar of Kodur Town and Mandal and seized (430) bottles of Trop'lcana VSOP Brandy (180ml) of spurious liquor. Based on the confession made by the Accused Nos.1 and 2, involved the suppliers of spurious liquor as Accused Nos.3 and 4, who were the residents of Tirupati Town of Tirupati District. Based on the report, a case was registered. Dr. YLR, J Crl.P.No.7406 of 2025 Dated 23.07.2025 3. Sri Naga Raju Kollati, the learned counsel for the petitioner, submI-tS that the petitioner has not committed any offence; he was falsely implicated in this case,I he is the sole breadwinner of his famI'ly; he l's ready to abI'de any conditions to be imposed by this court,I and urged to grant pre-arrest bail to the petitioner/un numbered Accused. 4. Per confra, Ms, P.Akila Naidu, the learned Assistant public prosecutor, opposed in granting of bail stating that investigation is not yet completed,I if the petitioner is granted pre-arrest bail, he wi" repeat the same offence, and urged to dismiss the bail petl'tI-On. 5. Perused the record. 6. As seen from the mediators' report, based on the confession of Accused Nos.1 and 2, the petitl-oner was suspected to be the manufacturer of ID liquor. Of course, the petitl'oner has not been shown as an accused in the case so far. pre-arrest ba" can be granted to a Person Who iS not named as an accused I'n a Case, I'f he has a reasonable apprehension of arrest as per the decisions of the HonJble Apex Court I'n Gurbaksh Sl-ngh Sibbia v. State of Panjabl and sushI-Ia Aggarwal v| State of Delhll2. The learned counsel for the petitioner, (1980) 2 SCC 565 (2020) 5 SCC 1 .-rf, <rrf Dr. YLR, J CrI.P.No.7406 of 2025 Dated 23.O7.2025 however, submits that the petitioner has a reasonable apprehension that the prohibition and Excise Police may arrest him at any moment, as they are wandering around his house for nabbing him. 7. Considering the nature of the allegations leveled against the petitioner/un numbered Accused, his alleged role played in this case, this Court deems it fit to grant pre-arrest bail to the petitioner/un numbered Accused. 8. In the result, the Criminal Petition is allowed with the following conditions: i. ln the event of his arrest, the petitioner/un numbered Accused shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the lI'ke Sum each {O the satisfaction of the arresting police officials; ii. The petitioner/un numbered Accused shall make himself available for investigation as and when required; iii. The petitioner/un numbered Accused shall not cause any threat, inducement or promise to the prosecution witnesses; a. ..-1 /I i Dr. YLR, I CrI.P.No.7406 of 2025 Dated 23.07.2025 iv. The petitioner/un numbered Accused shall appear before the Station House Officer concerned once in a week i.e., on every Saturday`between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The petitioner/un numbered Accused shall not leave the district limits without the expiess permission from the Station House Officer concerned. vi. The petitioner/un numbered , Accused shall sur'render his passport, if any, to the Investigating Officer. If he does not have passport, he shall submit an affidavit to the Investigating Officer to the effect. SD/-G.HELANAIDUl ASSISTANT For I //TRUE COPY// Rae P`A R SECTION OFFICER To, 1. The Station House Officer, Prohibition and Excl'se Station, Koduru, Annamayya District. 2. One CC to SRl, NAGA RAJU KOLLATI Advocate [OPUC] 3. Two CCs to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]- 4. One spare copy HIGH COURT DR.YLR,J DATED : 23/07/2025 BAIL ORDER CRLP.No.7406 of 2025 ALLOWED `< _ _