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2025 DAILYLAW 29032 (AP)

Anu Priya v. The State of Andhra Pradesh

CRLP/8397/2025 · 2025-09-02

Y Lakshmana Rao

body2025

Judgment text

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C -` -`-5t`t IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA\ WEDNESDAY, THE THIRD DAY OF SEPTEMBER,i#1; TWO THOUSAND AND TWENTY FIVE urdp i!.a v>:,PRESENT: v+ idis`A THE HONOURABLE DR JUSTICE Y. LAKSHMANA RA( -/ < `-i,, CRIMINAL PETITION Nosl8397, 8486 & 8491 of 2025 1t-I+- CRIMINAL PETITION NO: 8397 OF 2025 HER Betwee n : L/ Anu Priya, C/o. Charanjith Singh, aged about 46 years. Rep. by its sleeping i-/. Partner of Navya lnfra and EnegyJ!Solution, R/o. Lakshmi Arcade Plot No, 301 and 401, Uppal, Medchal-malkajgiri|District-500 039, Telangana State. ~ \ ...Petitioner/Un Numbered Accuseci ~ ? ..'r:AND The State of Andhra Pradesh, Rep. by its Public PrdsSgcutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Complainant `' t .-} \_ Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (438 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed ilr1`~J§upport of the criminal petition, the High v,_ Court may be pleased to grant`=ANTICIPATORY BAIL to the petitioner / Un Numbered Accused in connection with crime No. ife of 2025 of Prohibitioh ... and Excise P.S. Amalapuram.East Godavari District. L, Counsel forthe Petitione:i : Sri Naga Raju Kollati L~ Counsel for the Respond,f£Flt : Ms.Akhila Najdu \+r :` Assistant Public Prosecutor. L/ cR[MINAL PETITION NO: 8486 0F 2025 .I. Between: Anu Pri;ya, C/o. Charanjith Singh, .aged about 46 years, Rep. by its Sleeping \~J. P`artner of Navya lnfra and Enegy Solution,-R/o. Lakshmi Arcade PIot No, 301 and 401, Uppal, Medchal-malkaj§iri `District-500 039, Te[angana State. `~.~ -=J--``" - ` L-€-_,~:'l. _- ...Petitioner/Un Numbered Accused The State of Andhra Pradesh, AND Rep. by its Public Prosei5{itor, High Court of Andhra Pradesh at Amaravathi. _ -t=:I,+-i ...Respondent/Complainant -J Petition 'under Sectio'n 48`2~ of Bharatiya Nagarik Suraksha Sanhita, / \ 2023 (438 of Cr.P.C), prayingJ the+i in the Circumstances Stated in the memorandum of grounds filed ih :rl`s-d'Pport of the Criminal Petition, the High -----` court dmay ~be Pleased tO I-grant .-``A`N+iclpATORY BAl'L to the petitioner / Un +,. Numbered Accused in connectic;`h with Crime.No. 53 of 2025 of Prohibitiori u/ and Excise P.S. Yalamanchili, Anakapalli District, in the event of arrest on such condition or conditions | =\ Counsel forthe Petitioner : Sri Naga Raju Kollati lrf Counsel for the RespondeJnt : Ms.Akhila Naidu •irf ---€~-- i`+- `Assistant Public Prosecutor. i,;'' t I... . ,::,!i:;; CRIIVIINAL PETITION NO: 8491 OFo-2d25 =!.i = Between = ,I;-_;t.~:;-I:-; ,;, 1 ., i~£-.,-` r.I E==` Anu Priya, C/o. Charanjith Singh,I aged about 46 years. Rep. by its Sleeping' partner of Navya lnfra and Enegy Solution, R/o. Lakshmi Arcade Plot No, 30T- and 401, Uppal, MedchaI-malkajgiri District-500 039 Telangana State. ~.`~` +~ -, ...PetI|tiOner/Un Numbered Accused I AN-I The State Of Andhra Pradesh, P`6p. by its publrProsecutor, High Court of Andhra Pradesh at Amaravathi.D I-:I i ill.-L- .I.Respondent/Comp[ainant petition under section 452'£ fof Bharatiya Nagarik Suraksha Sanhita, 2023 (438 of Cr.P.C), 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 grant ANTICIPATORY BAIL to the petitioner / Un .```.. I - Numbered Accused in connection vii-th Crime No. 12 of 2025 of Prohibition and Excise P.S. RIy.Koffru, Annam-ayya District / in the event of arrest On _`+I_J.. \ i'-i\L=-I 3` such condition or conditions. v--- Counsel for the Petitioner .,``. : Sri Naga Raju Kollati counsel for the Respondent : Ms.Akhila NaidrirfrfrJ EE= ., i,`-.'` -`,-+ Assistant Public Prosecutor. .-'`+..-- ` `. \ /' }` `. The Court made the fo[Ioviing 8,:.i;.-`J'C-, -J ._, :.I COMIVION ORDER: ~.c` =.\ I } I \^ ± The Court made the foIIowI-ng: COMMON ORDER: Criminal Petition No.8397 of 2025 has been filed under sectl'on 482 of the BharatI'ya Nagarik Suraksha Sanhita, 2023, seeking to grant pre arrest bail to the petitioner-accused No.16 in crime No.99 of 2025 of Prohibition & Excise Police Stall-On, Amalapuram, Dr.B.R.Ambedkar Konaseema District, registered for the offence punishable under Section 34 (1) (ii) (2) read with Section 34 (a)(h) of the Andhra Pradesh Excise Act, 1968. 2. 2. Criminal Petition No.8486 of 2025 has been filed under Section 482 of the Bharatiya Nagarik Suraksha SanhitaJ 2023, seeking to grant pre arrest bail to the petitioner in crime No.53 of 2025 of Prohibition & Excise Police Station, Yelamanchili, Anakapalli District, registered for the offence punishable under Section 34(a) read with Section .34(1)(i) & 37A(1)(i) read with 5OB(a) of the Andhra Pradesh Excise Act, 1968. 3. Criminal Petition No.8491 of 2025 has been filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to grant pre arrest bail to the petitioner in crime No.12 of 2025 of Prohibition & Excise Police Station, Kodur, Annamayya District, registered for the offence punishable under Section 7 read with Section 8 (b)(ii) of the Andhra 'Pradesh Prohibition Act, 1995. 4. These three crimiri`al petitions are heard and disposed of by this common order as the petitioner in these three cases are one and the same but three crimes are registered against the petitioner. 5. Case of the prosecution in Crime No.99 of 2025 is that on 23.06.2025 at ll.00 p.m. at Chintapalli. Somasekhara Vegetable Shop, Y-Junction, Amalapuram, the Excise Officials along with mediators found and arrested accused Nos.1 to 9 while they were in possession of 1065 liters of spirit AC black classic whisky 125 bottles of each 180 ml, one liter loose liquor, one VIVO Y200 E 50 Mobile, One iron cap sealing machine, six thousand empty pet bottles, six thousand caps 6000 AC black whisky labels and one kg caramel. 6. Case of the prosecution in Crime No.12 of 2025 is that on 29.01.2025 at 03.00 p.m., the Excise Officials along with mediators conducted raid in house bearing Dr.No.1-111 of Anantharajupeta Village, Kodur Mandal and found accused Nos.1 & 2 in poss'ession of 121 bottles of Old Admiral VSOP Brandy each 180 ml and 40 bottles of Celebrity's Choice Brandy 180 ml each. lt is the further case of prosecution that at about 05.00 p.m., on the same day, the excise officials along with mediators raided the tlouse of'one Marri Ayyappa in Lakshmi Nagar of'Kodur town and mandal and seized 430 bottles of Tropicana VSOP Brandy 180 ml of Spurious liquor. Thereafter, the excise officials arrested accused Nos.1 & 2 and remanded them to judicial custody. 7. Case of the prosecution in Crime No.53 of 2025 is that on o2.07.2025 at 05.15 p.m., the Excise Officials along with mediators found and arrested accused Nos.1 & 2 while they were in possession of one white plastic can containing o5 liters of hand rub spirit, one plastic bottle containing 01 liter of caramel liquid, two dispenser pourers, two disposable syringes, one hand bag containing 05 lML bottles. 8. Sri Nagaraju Kollati, learned counsel for the petitioner, contends that the petitioner is innocent of the alleged offences and has been falsely implicated by the police. It is further submitted that the petitioner iS the SOle earning member of the family and, therefore, her ca6}; d incarceration would cause undue hardship to her dependents. The petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing, learned counsel prays that the present petition be allowed in the interest of justice. 9. Per cor7fra, Ms. Akhila Naidu, learned Assistant Public prosecutor, vehemently opposed the grant of pre arrest bail {o the petitioner, submitting that the investigation is still underway and several material withesses remain to be examined. lt is contended that if the petitioner-is released on bail at this stage, there is 'a strong likelihood that she may abscond, thereby hampering the ongoing investigation and evading the process of law. Learned Assistant Public Prosecutor further submits that the petitioner is shown as accused No.16 in Crime No.99 of 2025 of Prohibition & Excise Police Station, Amalapuram, whereas, the petitioner was not shown so far as accused in Crime No.12 of 2025 of Prohibition & Excise Police Station, Kodur, Annamayya District and in Crime No.53 of 2025 of Prohibition & Excise Police Station, Yelamanchili, Anakapalli and it is urged to dismiss the bail applications. 10. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the record. ll. -As seen from the record, it is the allegation of the prosecution that the petitioner/Accusbd along with her husband held 34.50% shares in Navya lnfra Company which prepares ethanol hand sanitizers. The petitioner]s company had allegedly supplied ethanol which was used for preparation of spurious liquor. The learned Assistant Public Prosecutor submits that there are direct bank transactions between the petitioner and accused No.1 and there is one adverse antecedent. The learned counsel for the petitioner subml'ts that the petitioner is a practicing Advocate in the Telangana High Court. She is shown as one of the partners in Navya lnfra Company and Energy Solutions only for namesake. She is only a sleeping partner, the real partner is her husband. There are matrimonial disputes between the petitioner and her husband and she lodged a complaint against her husband in Cr.No.891 of 2022 of Uppal Police Station for th,e offences punishable under Section 498-A of {the lPC] and also women burning, as her husband not only harassed her but also caused injuries. The police filed a -ICharge Sheet against her husband. Later, because of the compulsion of the fam'lly members, the ` >, * .\\ REffi- matter was compromised. The p9etitioner filed medico-legal case records wherein it was mentioned that she suffered some injuries. The petitioner is having a boy aged about 16 years. She was divorced by her first husband due to some problems. The accused is her second husband and they were blessed with a girl child aged about 10 years. 12. As seen from the record produced by the Petitioner, there are matrimonial disputes between the petitioner and her husband. The petitioner tried to commit suicide by pouring sanitizer and setting herself ablaze with a lighter due to the unpearable'torture meted out by her husband. Indeed, the petitioner was not shown as accused so far in Crime No.12 of 2025 of prohibition & Excise Police Station, Kodur, Annamayya District, similarly, she was also not shown as accused in Crime No.53 of 2025 of Prohibition & Excise Police Station, Yelamanchili, Anakapalli, so far. The petitioner is a permanent resident of Uppal, Medchal-Malkajgiri District, Telangana State. she is practicing Advocate in High Court of Telangana. The petitioner is only a sleeping partner in Navya lnfra Company and Energy Solutions. 13. This Court in similar circumstances granted pre-arrest bail to the petitioner by common order dated 01.09.2025 in Criminal Petition Nos.8381 & 8444 of 2025 in two crimes of which in One Case, She Was not Shown aS accused. J\` '\ \=~ 14. In.|view of the entire gamut of the cases, the nature and gravity of the allegations levelled against the petitioner, this Court deems fit to grant pre- arrest bail to the petitioner. 15. ln the result, the Criminal Petitions are allowed with the following conditions: In the event of her arrest, the petitioner shall be enlarged on bail subject to her executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only), with two sureties for the like sum each to the sati§`faction of the arresting police officials; ii. The petitioner shall make herself available for investigation as and when required; iii. The petitioner shall not cause any threat, inducement or promise to the prosecution witnesses to dissuade them giving any statements to the police; -,.-` iv. The petitioner shall appear before the Station House Officer concerned, once in a month i.e., on any Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. / SD/-M.PRABHAKARA RAO //TRUE COPY// For ::SSIIsS:A:NN##R:EEGG[[sSTTR:AAR: To, 1. The Station House Officer, Prohibition & Excise Police Station, Amalapuram, Dr. B.R.Ambedkar Konaseema ,District. 2. The Station House Officer,.~Pro.hibitI-On & Excise Police Station, Yelamanchili, Anakapalli District. 'l : 3. The Station House Officer, Prohibition & Excise Police Station, Railway Kodur, A |~--|^^-\ '` I,_ r\i_+_:_+ HIGH COURT Dr.YLR,J DATED : 03/09/2025 \ ORDER CRIIVIINAL PETITION Mos.8397, 8486 & 8491 of 2025 ALLOWED