lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR THURSDAY ,THE TWENTY FIRST DAY OF AUGU TWO THOUSAND AND TWENTY FIVE :PREsENT: THE HONOURABLE Din`JUSTICE Y. LAKSHMANA RAO CRIMINAL PETI"ON NO: 8123 OF 2025 [3521 I Between : \ Dara Boina Prasad, S/o. D.^Anjiah, aged about 54 years, Properietor and G.P.A holder of Akshay Caps Firm R/o. Plot No.145/146, Bhavani Nagar, Mallapur, Hyderabaci`, Telangana State. Petitioner/Un-Numbered AccusecE AND The State ofAndhra Pradesh, Rep. by its Public Prosecutor, High Court I,-, of Andhra Pradesh at Amara-Vathi. Respondent/Complainant Petition under Section 482 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the criminal petition, 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 the Crime No. 37 of 2025 on the file of prohibitioil and Excise Police Station, Repalle, Bapat[a District. The petition/Appeal coming ore for hearing, 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 Respo,ndent and the Court made the following. I.L _ i-(-==±g APHCO10397082025 EEEEE:EiE _ lN THE HIGH COURT OF ANDHRA PRADESH AT AM`ARAVATI (Special Original JurI-SdI-CtiOn) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE .DR JUSTICE Y. LAKSHMANA RAO iRIMINAL PETITION NO: 8123/2Q2L± Between : Dara`Boina Prasad AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1. NAGA RAJU KOLLATI [3521] ...PETITIONER/ACCUSED HIRESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: Criminal Petition has been filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity cthe BNSSJ) by the PetitI'Oner/Accused for granting pre-arrest bail in connection with crime No.37 - of 2025 of Prohibition and Excise Police Station, RepaIIe, registered for the alleged offences punishable under sections 7 read with 8(b)(ii) of Andhra Pradesh Prohibition Act, 1995 (for brevity [the ActJ). I Dr.YLR, J Crl.P.No.8123 of 2025 Dated 21.08.2025 2. The case of the prosecution is that on o3.07.2025, as per the instructl-ons of the DI'reCtOr Of Enforcement, prohibition and Excise, A.P., MangalagI'ri, and aS Part Of Crime No.99/2025 regl'stered at prohibition and Excise Station, Amalapuram, and on the basis of reliable information receI'Ved, STF Team-Ill (C. Madhubabu, P&ES), STF Team-Il (Ch. Bala Narasimha, p&EI) along with their staff, and p&EI R. Diwakar, P&ESI T. Rajasree and staff, along wI-th the undersigned medI'atOrS, reached the house mentioned above at about o4:30 PM. When R|epalle P&EI noticed two persons standing there, he tried to stop them with the help of the staff. one of them, on seeing the officials, ran away in panic but was intercepted by Repalle P&EI. The Person Who remained was questioned about his conduct. on enquiry, he dI|SCIosed his name as viswanadapalli surya, s/o venkataswamy, Age 28 years, Caste.- PaIIekar, R/o D.No.2-122, GuIIalamoda Village, Nagayalanka MandaI, Krishna District. He stated that he panicked and attempted to flee on seeing a vehicle of offI-CerS in uniform. He further revealed that the person who escaped was his cousin, Mopidevi Satish, S/o Ankamma Rao, Age 30 years, Caste: Pallekar, R/o D.No.4-99, MoIIagunta Village, Repalle Mandal, and that the said house belonged to his cousin. He admitted that the house contained -, ethanoI, which could be used to manufacture liquor, and that was why his cousin ran away. 3. The Prohibition and Excise Inspectors conducted a search of the house in the presence of mediators under section 185 BNSS. On inspection, they -i. Dr.YLR, J CrI.P.No.8123 of 2025 Dated 21.08.2025 found 21 empty plastic cans of 35-liter capacit`y e?ch in a room on the. right side of the house. The cans bore labels marked tfEthar,o/" in English. -On opening the cans, they detected the Smell of ethanoI. They also found a 20- liter water can containing about 10 liters of ethanol and a cardboard box containing 510 empty 180 ml plastic bottles without lids and labels. When questioned about the source of the cans, ethanol, and bottles, and about license documents, the accused admitted that he had no license. He stated that he, along with his cousin Mopidevi Satish, in association with Nurukurthi Srinivasa Rao @ Yanam Srinu, S/o Satyanarayana, Age 41 years, R/o Duggudurru VI'llage, Kajulur Mandal, East Godavari District, and Ruthula srinivas @ Abdul Kalam, S/o Appalakonda, Age 40 years, R/o Hyderabad, Telangana State, procured ethanol through persons including Charanji{ Singh Set, R/o Hyderabad, Telangana State. He further confessed that they had purchased bottles and labels for 180 ml PET liquor bottles from Kanna Ramu; s/o Kanna Srinivasa Rao, Age 26 years, R/o H.No.55, Mollagunta, Ga'ngadipalem, Repalle MandaI. 4. The accused admitted that he and his cousin Mopidevi Satish prepared spurious liquor at Satish7s house, filled it in the bottles, and supplied it from Mollagunta Village by fiber boat to Gullamoda Bat{i, and from there to Eellachatladibba and Nachugunta Villages of Krishna District. i Dr.YLR, J Crl.P.No.8123 of 2O25 Dated 21.08.2025 The ProhI-bitiOn and Excise Inspector informed the accused that manufacturing, transporting, selling, and possessing spurious liquor I'S a Crime. samples of ethanol were collected: one 180 ml bottle and one blue water bottle contaI'njng ethanol were sealed with thread, affixed with the p&El's personal seal, and I'dentification sII'PS Were SI'gned by the accused, mediators, and P&EI. The cardboard box with bottles and 21 plastic cans were also seI'Zed under mediator's report. 5. The accused was arrested, and raids were conducted at Mollagunta outskirts, Kothapalem, Nizampa{nam, Lankevanidibba, Gullalamoda, and Nagayalanka Villages to apprehend the absconding A2 (Mopl-devi Satish), but in vain. Thereafter, the team returned to the station at about o3:30 AM on 04.07.2025 and registered the case as crl-me No.37/2025 of ProhI-bitiOn and Excise P,S., Repalle, for the offences punishable under section 7 r/w 8(b)(I'i) of the A.P, Prohibition Act, 1995. 6. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. perused the record. 7. Sri Naga Raju Kollati, the learned counsel for the petitioner, submits that the petI-tI'Oner has not COmmitt-ed any offence,a he was falsely implicated Ion this case. He is the sole breadwinner of his family. He is ready to abide by any conditions to be imposed by this court. It is urged to grant pre-arrest bail to the petitioner. { 5 Dr.YLR, J Crl.P.No.8123 of 2025 Dated 21.08.2025 8. Per cot,fro,-Ms. P. Akhila, the learned Assistant Public Prosecutor, opposed -ln granting of bail stall-ng that some more material witnesses have to be examined; investigation is not completed; if the petitioner .is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law. - However, it is submitted that there are no adverse . antecedents against the petitioner, and requested to pass appropriate orders. 9. Based on the confessl'on of accused No.4, the petitioner herein is arraigned as accused. Except the said confession given during the custody of prohibition and Excise Officials, no other incri'minating material is available against the petitioner, so far. The petitioner is permanent resI-dent Of Bhavani Nagar, Mallapur, Hyderabad. He alleged that due to political rivi!ary he was arraigned as accused in this case. There are three adverse antecedents reported against the petitioner. Ho'wever, mere manufacturing of caps and \.~. bottles meant for filling the contraband is not a ground to incriminate the petitioner. This Court, in CrI.P.No.8041 of 2025 dated ll.08.2025, granted pre-arrest bail to th.e petitioner in Crime No.44 of 2025 on the file of the prohibition anci Excise Police Station, Palakolu, West Godavari District. Further, this Court, in Crl.P.No.7843 of 2025 dated 04.08.2025, granted pre- arrest bail to the petitioner in Cr-lme No.99 of 2025 on the file of the Prohibition and Excise Police Station, Amalapuram, B.R. Ambedkar Konaseema District. A learned Single Judge of this Court, in I.A.No.2 of 2025 in Crl.P.No.4827 of 2025, granted stay of all further proceedings in Crime No.12 of 2025 on the I,ct--, I _ Dr.YLR, J Crl.P.No.8123 of2025 Dated 21.08.2O25 file of the prohibI'tI-On and Excise police station, Koduru (Rly. Kodur), Annamayya District, in favour of the petI'tiOner. Sl'mjlarly, a learned single r ~Judge of this court, in crl.p.No.2770 of 2025, granted pre-arrest baI'I to the \ `p_etitI'OPe_I_i_n ..Crime No:12 of 2025 on the fI|Ie of the prohl'bitI-On and ExcI'Se P.9I_ice _station,~ .Kod,uru _(RIy. Kodur), Annamayya DistrI-Ct. 10. Considering the nature and gravity of the allegations levelled agaI|nSt the petitioner and his alleged role played I'n this Case, thI-S Court deems it fit to grant pre-arrest bail to the petitioner/accused.. ll. In the result, the criminal petI-tI|On iS allowed with the following conditions: i. In the event of his arrest, the petitioner/Accused shall be enlarged on bail subject to he executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each wI'th two sureties for the like sum each to the satisfaction of the arresting police officials; iI-. The Petitioner/Accused shall make himself available for investigation as and when required,I -Iii. The Petitioner/Accused shall not cause any threat, inducement or promise to the prosecution witnesses; '\-I- To, Dr.YLR, J Crl.P.No.8123 of 2025 Dated 21.08.2O25 iv. The Petitioner/Accused shall appear before the stall-On House Officer concerned once a week i.e., every saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The Petitioner/Accused shall not leave the ll-mits of the State of Andhra Pradesh wI-thOut the express Permission from the Station House Officer concerned. vI'. The petitioner/accused shall surrender his passport, if any, to the investigating officer. lf he claims that he does not have Passport, he shall submit an affidavit to that effect to the investigating officer. SD/-U. SRIDEVI F| //TRu~E COPY// ASSISTANT SECTIO 1. The Station House Officer, prohibition and Excise Police Station, Repalle, Bapatla District. 2. One CC to SRl. NAGA RAJU KOLLAT[ Advocate [OPUC] 3. Two cos to Public Prosecutor (AP) High Court ofA.P., Amaravati [OUT]. 4. One spare copy _ \ , HIGH COURT DR.YLR,J DATED:21 /08/2025 BAIL ORDER CRLP.No.8123 of 2025 ALLOWED