APHC010358952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7453 of 2025 Between; Pasala Sathi babu @ Spider man, S/o. Ganga raju, Age about 34 years, R/o. Satellite City Village, Rajamahendravaram District. Rural Mandal, East Godavari ...Petitioner/A-3 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent 482 of BNSS (under Section 438 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition bail in the event of his arrest in Crime No.266 of 2025 dated 29-05-2025 on the file of the Proh. & Excise Station, Rajamahendravaram South, Godavari District. Petition under Section the High Court may be pleased to enlarge the petitioner on East ; Sri Kadiyam Neelakanteswara Rao Counsel for the Petitioner Counsel for the Respondent : Public Prosecutor The Court made the following order: APHC010358952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7453/2025 [3521] Between: SATHI BABU ALIAS SPIDER MAN, S/0. GANGA RAJU, AGE VILLAGE, GODAVARI PAQAl A ABOUT 34 YRS, R/0. RAJAMAHENDRAVARAM RURAL SATELLITE CITY MANDAL. EAST 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 Grourids of Criminal Petition, the High CourtPleased to enlarge the petitioner on bail m the event of his arrest in Crime No.266 OF 2025 dated;29-05-2025 on the file o Excise Station Rajamahendravaram South, East Godavari District the Proh. & and pass 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 Bharatiya Nagarik Suraksha Sanhita under Section 482 of the 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.3 for granting of pre-arrest bail in connection & Excise Station, East alleged offences punishable under Section 7-B read with 8 (A) & 8 (B) of the Andhra Pradesh Prohibition Act, 1995. with Crime No.266 of 2025 of Prohibition Godavari District, registered for the 2. The case of the prosecution i IS that on 29.05.2025, the P&ESI, Rajahiahendravaram, along ^with their the Accused No.2 at ‘D’ Block, staff, conducted a raid at house of Namavaram, Rajamahendravaram. When, the police enquired the Accused No.2. he revealed that he was running the for transportation of ID Liquor auto and working as coolie at Accused No.3 to Accused No.1. Then the police have seized the contraband and registered a case i Station, East Godavari District. in Crime No.266 of 2025 of Prohibition & Excise 3. Sri K.Neelakanteswara Rao, the learned submits that the petitioner has implicated in this ready to abide any conditions to be i grant pre-arrest bail to the petitioner/Accused No.3. counsel for the petitioner not committed any offence; he was falsely case; he is the sole breadwinner of his family; he is. imposed by this Court; and urged to 3 4. Per contra, Ms. P.Akila Naidu, the learned Assistant Public 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. Perused the record. 5. 6. As seen from the record, the accused gave a confessional statement about the contraband. The Accused No.3 further revealed that he was running the auto and working as ,coolie at Accused No.3 for transportation 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 Delhi^ 7. Learned Assistant Public Prosecutor submits that there are 10 adverse similar antecedents against the petitioner on earlier occasion. . They are: Crime Nos.60 of 2025, Crime No.63 of 2025, Crime No.218 of 2025, Crime No.267 of 2025, Crime No.285 of 2025, Crime No.287 of 2025, Crime No.311 of 2025, Crime No.34 of 2022, Crime No.280 of 2022 and Crime No.644 of 2022. 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. \1980)2 SCC 565 ^(2020) 5 see 1 4 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 requeststhis the learned jurisdictional Magistrate concerned and for his release before the learned Magistrate concerned. move an appropriate application 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 Magistrate for enlarging him on bail. The learned Magistrate shall endeavour 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 pass appropriate orders within a reasonable time, preferably in two (02) days. , / Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The VII Additional Judicial First Class Magistrate, Rajamahendravaram East Godavari District. 2. The Station House Officer, Proh. and Excise Police Station Rajamahendravaram South, East Godavari District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh AmaravathifOUT] 4. One CC to Sri Kadiyam Neelakanteswara Rao, Advocate [OPUCl 5. Two CD Copies TK (gsg) HIGH COURT DATED:24/07/2025 ORDER CRLP N0.7453 of 2025 = 2 2 AUG 2025 •a^ . Current Section DISPOSING OF THE CRIMINAL PETITION