'kk IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTIETH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE iPRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8039 OF 2025 •s ■X, Between: Bejawada Srinu, S/o. Krishna, Aged 30 Years, Occ: Labour, R/o. H.No.5- 174/1, Jonnada Village, Alamuru Mandal, Dr. B.R. Ambedkar Konaseema District. ...Petltioner/A-2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., through Prohibition and Excise Station, Kothapea, Dr. B.R. Ambedkar Konaseema District, at Nelapadu, Amaravathi, Guntur District .. -Respondent/Complainant Petition under Section 482 of BNSS, 2023 of New Act & Under Section 438 of Cr.P.C is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to allow the petition and consequently to grant anticipatory bail, directing the Prohibition and Excise Police Station, Kothapeta, Dr. B.R. Ambedkar Konaseema District to release the Petitioner/Accused involved in Crime No. 155 of 2025 of Prohibition and Excise Police Station, Kothapeta, Dr. B.R. Ambedkar Konaseema District in the event of his arrest; No.2 The petition coming on for bearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri Babuji Tenneti, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following; £ ORDER This Criminal Petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner-accu sed for granting of pre-arrest bail in connection with Crime No. 155 of 2025 of Prohibition and Excise Station, Kothapeta, Dr. B.R. Ambedkar Konaseema District, registered for the alleged offence punishable under Section 7-B read with Section 8-B of A.P. Prohibition (Amendment) Act, 2020. 482 of the No. 2 2. Case of the prosecution is that on receipt of credible information, the Sub Inspector of Police, Prohibition and Excise Station, Kothapeta, along with his staff and mediators reached near Onion Vegetable Market, Ravulapalem, and found one person having one mica bag in his right hand containing illicit distilled liquor. On suspicion, the Sub Inspector searched the mica bag and found five liters of illicit distilled liquor in it and on questioning, the said person disclosed his identity as accused No. 1 and stated that he had purchased the contraband from accused No. 2. Thereafter, the Sub Inspector seized the contraband and the present crime has been registered against accused Nos. 1 and 2. 3. Sri Babuji Tenneti, learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is ready to abide any conditions to be imposed by this Court; if relief is given, he will not jump any condition as he has fixed abode; and urged to grant pre-arrest bail to the petitioner. any 3 4. Per contra, Ms. P.Akhila Naidu, learned Assistant Public vehemently opposed the grant of bail to the petitioners Prosecutor, submitting that the investigation is still underway; if the petitioner is granted pre-arrest bail, he will repeat the same offence and urged to dismiss the bail petition. 5. Thoughtful consideration is bestowed on the arguments advanced by learned counsel for the petitioner and learned Assistant Public Perused the record. Prosecutor. 6. 7. The allegation against the petitioner-accused No. 2 is that, based on the confession of accused No. 1, he supplied five liters of illicit distilled petitioner is permanent resident of Jonnada Village, Alarnuru Ambedkar Konaseema District. Although learned Assistant submits that there is one adverse antecedent liquor. The Mandal, Dr. B.R. Public Prosecutor against the petitioner, that itself IS not a ground to deny the request of learned counsel for the reason that the petitioner is presumed to be i Learned counsel for the petitioner contends petitioner for the innocent till the guilt is proved, that the petitioner was falsely implicated in this case because of the political rivalry. Learned counsel for the petitioner submits that father-i Cancer and the petitioner need to attend his requirements. m-iaw of the petitioner has been suffering from 8. Considering the facts and circumstances of the the allegations levelled against the petitioner Court inclines to grant pre-arrest bail to the case and the nature of i.e. co-accused confession, this petitioner-accused No. 2. 4 9. In the result, the Criminal Petition iIS allowed with the following conditions: (i) In the event of his arrest, the enlarged on bail subject to his Rs.20,000/- (Rupees twenty thousand the like sum each to the officials; petitioner-accused No. 2 shall be executing a bond for a sum of only) with two sureties for satisfaction of the arresting police (ii) The petitioner-accused No. 2 shall investigation as and when required; The petitioner-accused No. inducement or promise to the prosecution witnesses' make himself available for (iii) 2 shall not cause any threat. (iv) The petitioner-accused No. House Officer concerned between 10 a.m. and 5 2 shall appear before the Station once in a week i.e. on every Saturday p.m. till filing of the charge sheet; and (v) The petitioner-accused No. 2 shall not leave the district limits without the express permission from the Station House Officer concerned. SD/-B.CHITTI JOSEPH ASSISTANTlREGISTRAI //TRUE COPY// SECTION OFFICER For To, 1. The Station House Officer, Prohibition and Excise Kothapea, Dr. B.R. Ambedkar Konaseema District. 2. One CC to Sri. Babuji Tenneti, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of AP [OUT] 4. One spare copy Station, T HIGH COURT Dr.YLR,J DATED:20/08/2025 ORDER CRLP.No.8039 of 2025 ALLOWED