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2025 DAILYLAW 2546 (AP)

BUDDIGA DEVUDU v. THE STATE OF ANDHRA PRADESH

CRLP/139/2025 · 2025-03-27

K Suresh Reddy

body2025

Judgment text

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THE HON’BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No. 139 of 2025 ORDER: As per the directions of My Lord the Hon’ble the Chief Justice, this Criminal Petition has been allotted to this Bench by notice dated 25.3.2025 and the same is treated as part of the roster effective from 26.3.3025. 2. This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’), is filed by the petitioner/A2, seeking anticipatory bail, in Crime No.141 of 2024 of Special Enforcement Bureau Station, Rajamahendravaram-North, registered for the offence punishable under Section 7B read with 8B of the A.P. Prohibition (Amendment) Act, 2020. 3. The case of the prosecution is that on 20.3.2024 at about 6.00 A.M., on credible information about selling of illicit distilled arrack, the Enforcement Inspector, Special Enforcement Bureau, Rajamahendravaram-North, along with mediators, went to the house bearing D.No.58-17-17 situated in Sanjeevayya Nagar, Rajamahendravarm Urban and there they found A1 selling illicit distilled arrack to the public. After conducting panchanama and seizing contraband, the Enforcement Inspector arrested A1, who 2 was remanded to judicial custody. During the course of investigation, A1 said to have confessed that he is selling illicit distilled arrack on the instructions of A2/the petitioner herein. On the basis of said information, the present crime was registered against A1 and petitioner/A2. 4. Learned counsel for the petitioner contends that he was not present at the time of seizure and he came to be implicated only on the confession said to have been made by A1. He further contends that the petitioner/A2 is nothing to do with the house bearing Door No.58-17-17 situated at Sanjeevayya Nagar, Rajamahendravaram Urban. Hence, he requests this Court to grant anticipatory bail to the petitioner. 5. On the other hand, the learned Additional Public Prosecutor opposed the bail application contending that the petitioner was involved in six (6) similar cases. 6. As per the contents of the FIR, basing on the confession statement made by Accused No.1 the present case has been registered against petitioner/A2. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/A2 on certain conditions. The petitioner is directed to surrender before Enforcement Sub-Inspector, Special 3 Enforcement Bureau, Rajamahendravaram-North on or before 04.04.2024. On such surrender, the Enforcement Sub-Inspector concerned is directed to enlarge the petitioner/Accused No.2 on bail, on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each, to his satisfaction. On such release, the petitioner/Accused No.2 is directed to cooperate with the Investigating Officer and also directed not to tamper with the prosecution witnesses in any manner. After release, the petitioner is also directed to report before the Enforcement Sub-Inspector, Special Enforcement Bureau, Rajamahendravaram-North, weekly thrice i.e. on every Monday, Wednesday and Saturday between 10.00 a.m. and 1.00 p.m. until further orders. Accordingly, the present criminal petition is allowed. ______________________ SRI K.SURESH REDDY, J Date: 27.3.2025 GR 4 THE HON’BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No. 139 of 2025 Date: 27.3.2025 GR