IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINTEENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE .PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8135 OF 2025 mm ■ ^ . f - :■ Between: Thotakura Venkateswara Rao, Aged about R/o.C/o.Thotakura Seshaiah, Flat No.B-4, JK Matrusri YRN College Road, Beside Indian Prakasam District, Andhra Pradesh - 523 157. 60 years, Occ: Business Enclave, VRS and Gas Godwon, Kothapeta (Rural) ...Petitioner/Accused No.9 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor AP, Amaravati. High Court of ...Respondent Petition under Section 482 of BNSS, 2023, is filed praying that in the circumstances stated in the grounds filed in support of the Criminal Petition the High Court may be pleased to grant anticipatory bail to the Petitioner/A9 i the event of his arrest i in in connection with Crime No.41 of 2021 dated' 23.03.2021 on the file of Station House Officer, Station, Narasaraopet, Palnadu District, Andhra Pradesh. Narasaraopet SEB Police IA NOj1OF2025 Petition under Section 528 of BNSS, 2023, is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim bail to the Petitioner/A9 his arrest in connection with Crime No. 41 of 2025 dated: in the event of 23.03.2021 on the file of Station House Officer, Narasaraopet SEB Police Station, Narasaraopet, Palnadu District, Andhra Pradesh, pending disposal of CRLP 8135 of 2025 , on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri Sudhakara Rao Ambati, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following The Court made the following Order: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.9 for granting of pre-arrest bail in connection with Crime No.41 of 2021 of Station House Officer, Narasaraopet SEB Police Station, Narasaraopet, Palnadu District,, registered for the alleged offences punishable under Sections 34(A) and 50-B(a) of A.P.Excise Amendment Act, 2020. 2. The case of the prosecution is that on 23.02.2021 Inspector of Special Enforcement Bureau along with his staff, while conducting routine vehicle check at about 4.15 a.m, it was noticed two Two Wheelers and Mahindra Bolero coming to Narasaraopet side and found total 8246 of liquor bottles of spurious liquor (each bottle containing 180 ml) and the same was seized along with vehicle and registered a case in Crime No.41 of 2021. The Police arrested the Accused 2 and 4. On 25.03.2021, Accused No.1 was surrendered before the Court and he was sent to police custody on 04.04.2021. During the course of investigation all the Accused were arrested, except Petitioner and Accused No. 10. Further, the Investigating Officials seized 172 cartons of containing 8240 bottles of Bombay Royal Whisky, each bottle contain 180 ml, 6 samples bottles of Bombay Royal Whisky of 180 ml each, 2 mobile phones and one while colour Mahindra Bolero car and two Two Wheelers. 3. Mr. Sudhakara Rao Ambati, the learned counsel for the petitioner contends that the petitioner is an innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, he is ready to abide any conditions that may be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioner. 4. Per contra, Mr.Neelotphal Ganji, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be* examined. It is contended that if the petitioner is released on pre-arrest bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. On perusal of the record, the allegations against the Petitioner/ Accused No.9 is that he purchased some spurious liquor bottles from Accused No.6. Learned Single Judge of this Court in Criminal Petition No.6227 of 2022 had enlarged the Accused 11 and 12 on pre arrest bail. The rest of the Accused in this crime were already enlarged on regular bail. Learned Assistant Public Prosecutor would submit that there are no adverse antecedents against the Petitioner. The Petitioner is aged 60 years and a resident of J.K.Matrusri Enclave, VRS and YRN College, Road, Kothapeta Rural, Prakasam District. Basing upon the confession by Accused No.1, the Petitioner/ Accused No.9 is arraigned as Accused in this case. 7. Considering the gravity and nature of the allegations leveled against the petitioner/Accused‘No.9, the alleged role played by the Petitioner in this case, this Court deems it fit to grant pre-arrest bail to the petitioner/Accused No.9. 8. 9. In the result, the Criminal Petition is allowed with the following conditions: i) In the event of his arrest, the petitioner/Accused No.9 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials; The petitioner/Accused No.9 shall make himself ii) available for investigation as and when required; iii) The petitioner/Accused No.9 shall not cause any threat, inducement or promise to the prosecution witnesses: iv) The petitioner/Accused No.9 shall appear before the Station House Officer concerned once in a week i.e., on every Monday, Thursday and Sunday between 9.00 a.m. and 12.00 noon till filing of the charge sheet, vi) Further, the Petitioner/ Accused No.9 shall scrupulously comply with the above conditions and any infraction of the same will be viewed seriously and bail automatically gets cancelled without any further order of this Court. Miscellaneous application, pending if any, shall stand closed. SD/-B.CHITTI JOSEPH assistant Ri SECTION officER ISTRAR //TRUE COPY// " To, 1. The Station House Officer, Narasaraopet, Palnadu District. Narasaraopet SEB Police Station, 2. One CC to Sri Sudhakara Rao Ambati, 3. Two CCs Advocate [OPUC] High Court of A.P., to PUBLIC PROSECUTOR, Amaravati.[OUT] 4. One spare copy. PSD f HIGH COURT DR.YLR.J DATE: 19/08/2025 ANTICIPATORY BAIL ORDER CRLP.No.8135 of 2025 ALLOWED