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2025 DAILYLAW 26737 (AP)

Mekala Chinna Venkata Ramana alias Chinnodu v. The State of Andhra Pradesh

CRLP/7770/2025 · 2025-07-30

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMA THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7770 OF 2025 Between : Mekala Chinna Venkata Ramana alias Chinnodu, S/o M. Ramalah, Aged about 40 years, Resident of Eguvamekalavaripalli Village, Vayalpadu MandaI, Annamayya District. ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, I(Station House Officer, Prohibition Excise station, Madanapalle, Annamayyal District) Rep. by Public Prosecutor High Court of A.P. Amaravathi. ...Respondents Petition under Section 482 of BNSS is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the respondent Police to enlarge the petitioner/ Accused No.2 on bail in the event of his arrest in connection on bail Crime No. 147 of 2025 of Prohibition & Excise Station, Madanapalle, Annamayya District. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed ih support thereof and upon hearing the arguments of M/s.MARELLA RADHA Advocate for the Petitioner, and of PUBLIC PROSECUTOR for Respondent, and the Court made the following ORDER: Dr. YLR, J crI.P.No.7770 of 2025 Dclted 31.07.2025 The Court made the following ORDER: I The Criminal Petition has been filed under Section 482 of the Bharatiya -. Nagarik suraksha sanhita, 2023 (for brevity lthe BNSSJ) by the Petitioner/Accused No.2 for granting of pre-arrest bail in connection with crime No.147 of 2025 of Prohibition and Excise Station, Madanapalli, registered for the alleged offences punishable under Section 7 (B) read with 8-A, 8-B of the I Andhra Pradesh Excise Act, 2020 (for brevityfthe ActJ). 2. The case of the prosecution is that on 14.05.2025 at aboutO6.00 p.m., on receipt of credible information regardI-ng illegal Sale of liquor, the I Prohibition & Excise Inspector, ESTF, Rayachoty, conducted a raid at Samaguntavaripalli cross and found Accused No.1 in possession of 25 liters of illicitly distilled (ID) liquor. As efforts to secure mediators reportedly failed, Al was questioned and revealed his I'dentity. He had a white plastic bag containing three polythene packets, two holding lO liters each and one containing approximately 5 liters, totall-ng 25 liters of ID liquor. Accused No.1 allegedly confessed that he procured the liquor from Accused No.2 by contacting him over mobile. 3. Ms.MareIIa Radha, the learned counsel for the petitioner submits that the petitioner has not committed any offence,- he was falsely implicated in this case; he is the sole breadwinner of his famI'ly; he iS ready tO abide any condI'tiOnS tO be`imP,,OSed by this Court,- and urged to grant pre-arrest bail to / I the Deti{l'Oner/Accused No_2_ Dr. YLR, CrI.P.No.7770 of 202s Dated 31.07.2025 4. Perconfra, Ms. P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail statI'ng that investigation iS not yet completed; if the Petitioner iS granted Pre-arrest bail, he Will repeat the same offence and urged to dismiss the bail petition. 5. Heard the learned counsel for the petitioner and the learned AssI'Stant Public Prosecutor. Perused the record. 6. As seen from the record, the contention of the learned counsel for the petitioner is that there was no mediator while recording the panchanama. of course, the tl'me of the panchanama was about o6:00 p.m. on 14.05.2025. Based on the phone call between the petitioner/Accused-No.2 and Accused No.1, the petitioner is shown as an accused in this case. The petitioner has not committed any offence and has been falsely roped into the case, which is the contention of the learned counsel for the petitioner. The learned Assistant Public Prosecutor submits that there are no adverse antecedents against the petitioner. The petitioner is a permanent resident of Eguvamekalavaripalli Village of Vayalpadu MandaI. He has landed property and would not escape from the clutches of law if he is granted pre-arrest bail. 7. For the above reasons, considering the gravity and nature of the allegations against the petitioner/Accused No.2, this Court deems it fit to grant preJarreSt bail tO the Petitioner/Accused No.2. -`_ Dr. YLR, J CrI.P.No.777O of 2025 Dated 31.07.2025 8. ln the result, the Criminal Petition is allowed with the following conditions: i. In the event of his arrest, the petitioner/Accused No.2 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the like sum each to the satisfaction of thearresting police officials; ii. The petitioner/Accused No.2 shall make himself available for investigation as and when required; iii. Thepetitioner/AccusedNo.2shaII not cause any threat, inducement or promise to the prosecution witnesses; iv. The petitioner/Accused No.2 shall appear before the Station House Officer concerned once in a week i.e., on every Saturdaybetween 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The petitioner/Accused No.2 shall not leave the district limits without the express permissI-On from the Station House Officer concerned. //TRUE COPY// I ASSIS_T_A#JZ;fuSsR+DiEAVRi To, 1. The statl'on House offlcer, prohI'bitjOn Excise station, Madanapalle, Annamayya DI®Strict. 2. One cc to M/s. MARELLA RADHA, Advocate [opuc] #l 43 :o:p:usccp]:rsetcoo:yuBLIC PROSECUTOR'H'gh Court of Andhra pradesh KN A. # #t' '--_- --` . .I, EE DR.YLR,J DATED:31/07/2025 ORDER CRLP.No.7770 of 2025 ALLOWED