APHC010406052025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8266 OF 2025 Between: Nichanakola Srinivas @ Bellam Srinu, S/o.Venkateswara Rao, aged 39 years, R/o.Kavalagoyyi Village, Rajanagaram Mandal, East Godavari, Andhra Pradesh. ...PETITIONER/ACCUSED-A2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of AP, Amaravathi, through Prohibition and Excise Station, Rajamahendravaram South, East Godavari District, Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Petition filed under Section 438 of Cr.P.C/Section 428 of BNSS 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 Station, Rajamahendravaram South, East Godavari District to release the petitioner involved in Crime No.339 of 2025 in the event of his arrest. mm Counsel for the Petitioner : SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent: SRI NEELOTPHAL GANJI, r ASSISTANT PUBLIC PROSECUTOR The Court made the following ORDER : APHC010406052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8266/2025 Between: 1.NICHANAKOLA SRINIVAS ALIAS BELLAM SRINU, S/0 VENKATESWARA RAO, AGED 39 YEARS, R/0 KAVALAGOYYI VILLAGE, RAJANAGARAM MANDAL EAST GODAVARI, ANDHRA PRADESH ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public prosecutor. Through Prohibition and Excise Station Rajamahendravaram South, East Godavari District, Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ^' ORDER; This criminal petition has been filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita, 2023, by the petitioner-accus ed No. 2 for granting of pre-arrest bail in connection with Crime No. 339 of 2025 of Prohibition and Excise Station, Rajamahendravaram South, East Godavari District, registered for the offence punishable under Section 7-B read with Sections 8-A and 8-B of A.P. Prohibition (Amendment) Act, 2020. Case of the prosecution is that on 29-07-2025 at about 5 p.m., on reliable information, the Prohibition and Excise Sub Inspector, ESTF, 2. Rajamahendravaram, along with his staff and mediators reached the scene of offence situated at 2 K.Ms. West of Srirampuram Village, Rajanagaram Mandal. On seeing the excise officials, accused No. 2 ran away from the scene of offence leaving a can containing 35 liters of I.D. liquor and six polythene covers, each cover containing 5 liters of I.D. liquor, verification of accused No. 1, the excise officials found 1200 liters of FJ On Wash in 6 plastic drums, each drum containing about 200 liters of FJ Wash which was fit for distillation of I.D. liquor. Thereafter, the excise officials seized the contraband, arrested accused No. 1 and remanded him to judicial custody. Mr. Devasri Roshan K, learned counsel for the petitioner, contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole 3. 3 earning memberof his family may be imposed by this Court petitioner. and he is ready to abide . and it is urged to any conditions that grant pre-arrest bail to the 4. Per contra, Prosecutor,vehemently petitioner, submitting that the i material witnesses petitioner is released Mr.NeelotphalGanji learned Assistant Public pre-arrest bail to the underway and It is contended that if the a strong likelihood that he ongoing investigation and view of the foregoing, it is urged that the petition be opposed the grant of investigation is still remain to be examined. several on pre-arrest bail, there iIS may abscond, thereby hampering the process of law. In vi the evading dismissed. 5. Heard learned Prosecutor. Perused the counsel for the petitioner and learned Assistant Public record. 6. Learned Assistant Public Prosecutor antecedents reported petitioner contends that accused No. 2 was the version of the liquor. In the mediators away from the mediators. submits that there are adverse counsel for the accused No. 1, report and is the manufacturer of I.D. petitioner ran was later identified by the against the petitioner, based on the arrayed in this case. As Learned confession of per the mediators prosecution, the petitioner i report, it was mentioned that the scene of offence and he 4 Considering the facts and circumstances of the case, this Court is not 7. inclined to grant pre-arrest bail to the petitioner inasmuch as it would amount to giving a license for the person against whom serious allegations are levelled and it would also amount to giving a shield or protection as per the judgments of the Hon'ble Apex Court in Gurbaksh Singh Sibbia Vs. State of Punjab^ and Sushila Aggarwal Vs. State of Delhi^. Hence, there are no merits in the criminal petition and the same is liable to be dismissed. In the result, the criminal petition is dismissed. However, as per the request of the learned counsel for the petitioner, liberty is granted to the petitioner-accused No. 2 to surrender before the jurisdictional magistrate within a period of one (1) week from today and move an appropriate application before the jurisdictional Court concerned. On such surrender and on moving of such application, the jurisdictional Court concerned is directed to dispose of the same on its own merits and pass appropriate orders in accordance with law within a period of two days by giving due opportunity to learned Public Prosecutor concerned for hearing. 8. ' (1980) 2 see 565 ^ (2020) 5 see 1 SK.MOHAMMED RAFI ASSISTANT REGISTRAR //TRUE COPYII OFFieER SEe’ To, 1. The Station House Officer, Prohibition and Excise Station Rajamahendravaram South, East Godavari District. 2. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUCl 3. Two CCs to the Public Prosecutor, High Court of AP at Amaravati. [OUT] 4. Two CD Copies BSV TAC ' ;■ 7 \ HIGH COURT DATED:20/08/2025 ORDER CRLP NO. 8266 OF 2025 i»9cuon . 09/. DISMISSING THE CRIMINAL PETITION