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2025 DAILYLAW 29060 (AP)

Anu Priya v. THE STATE OF ANDHRA PRADESH

CRLP/8444/2025 · 2025-08-31

Y Lakshmana Rao

body2025

Judgment text

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APHC010415562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 8381 and 8444 of2025 1. CRIMINAL PETITION NO: 8381/2025 Between: ANU PRIYA, C/O. CHARANJITH SINGH, AGED ABOUT 46 YEARS. REP. BY ITS SLEEPING PARTNER OF NAVYA INFRA AND ENEGY SOLUTION, R/O. LAKSHMI ARCADE PLOT NO, 301 AND 401, UPPAL, MEDCHAL-MALKAJGIRI DISTRICT-500 039, TELANGANA STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: NAGA RAJU KOLLATI Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.Nos.8381 & 8444 of 2025 Dated 01.09.2025 2. CRIMINAL PETITION NO: 8444/2025 Between: ANU PRIYA, C/O. CHARANJITH SINGH, AGED ABOUT 46 YEARS. REP. BY ITS SLEEPING PARTNER OF NAVYA INFRA AND ENEGY SOLUTION, R/O. LAKSHMI ARCADE PLOT NO, 301 AND 401, UPPAL, MEDCHAL-MALKAJGIRI DISTRICT-500 039, TELANGANA STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: NAGA RAJU KOLLATI Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These two Criminal Petitions are heard and disposed of by this common order as the petitioner in the two cases is one and the same, but two crimes are registered against the petitioner. 2. The Criminal Petitions have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by 3 Dr. YLR, J Crl.P.Nos.8381 & 8444 of 2025 Dated 01.09.2025 the petitioner/Un numbered Accused for granting of pre-arrest bail in connection with Crime No.44 of 2025 of Prohibition & Excise Station, Palakole, West Godavari District, and Cr.No.37 of 2025 of Prohibition and Excise Police Station, Repalle, Bapatla District, registered for the alleged offences punishable under Sections 34 (a) of of Andhra Pradesh Excise Act, 1968 and Section 7 read with 8 (b)(ii) of Andhra Pradesh Prohibition Act, 1995. 3. The case of the prosecution in Crime No.44 of 2025 is that, on 23.06.2025, upon receiving credible information from the Excise authorities regarding the manufacture of spurious liquor at Amalapuram and its spread to Palakole, a raid was organized under the supervision of senior officials. On 24.06.2025 at about 1.00 A.M., the Station House Officer, Palakole Prohibition & Excise Station, along with Task Force and Enforcement staff, conducted a raid at D.No.25-6-8, Shambhunipeta, Palakole. At the spot, one person, Puli Roshani Sheetal, aged 36 years, was apprehended. On interrogation, he admitted that the house belonged to his late father and that he was engaged in the preparation of spurious liquor therein. During the search, the officials seized an electric cap-sealing machine, plastic cans, bottles, caramel, flavouring agents, and other materials used for manufacturing duplicate liquor, besides his 4 Dr. YLR, J Crl.P.Nos.8381 & 8444 of 2025 Dated 01.09.2025 mobile phone (Vivo V40 Pro). In his statement before mediators, he confessed that, along with Borra Satya Apparao @ Sattibabu, Nurukurthi Srinivasrao @ YanamSrinu, Ruttala Srinivas @ Kalam (Abdul Kalam), and Pilla Srinivas @ Venkanna, he was involved in manufacturing and selling duplicate liquor. They procured spirit, bottles, labels, and caps from Hyderabad and Visakhapatnam, prepared duplicate liquor, and supplied it to Amalapuram and other areas for profit. Samples of the seized materials were collected, sealed, and affixed with identification slips, and a mediator’s report was prepared at the spot. Based on the seizure and the confession, a case was registered at Palakole Prohibition & Excise Station. 4. The case of the prosecution in Crime No.37 of 2025 is that on 03.07.2025, acting on the instructions of the Director of Enforcement, Prohibition & Excise, and in connection with Cr.No.99 of 2025 of Amalapuram Excise Station, the STF teams, along with mediators, conducted a raid at about 04.30 P.M. During the raid, two persons were found at the premises, one of whom fled but was later identified. The other person, on interrogation, disclosed his name as Viswanadapalli Surya, S/o Venkataswamy, aged 28 years, and admitted his involvement in preparing and supplying spurious liquor along with Nurukurthi 5 Dr. YLR, J Crl.P.Nos.8381 & 8444 of 2025 Dated 01.09.2025 Srinivasa Rao @ YanamSrinu, Ruttula Srinivas @ Abdul Kalam, Charanjit Singh, Kanna Ramu, and Mopidevi Satish. He confessed that liquor bottles, labels, and spirit were procured from Hyderabad and Repalle, and that duplicate liquor was manufactured at the house of Mopidevi Satish and transported by boat to various villages in Krishna District for sale. During the search, the officials seized 21 plastic cans (35 liters each), 180 ml bottles containing ethanol, empty bottles, and other related materials, which were sealed in the presence of mediators. The accused was informed of the offences, arrested, and a mediator’s report was prepared. Attempts to apprehend the absconding accused were unsuccessful. Thereafter, a case was registered at the Prohibition & Excise Station, Repalle, in Crime No.37 of 2025, and the accused was sent for medical examination. 5. Sri Naga Raju Kottati, the learned counsel for the petitioner, contends that the petitioner is a lady, she is innocent of the alleged offence, and has been falsely implicated by the police. The learned counsel for the petitioner further submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and, therefore, prays for grant of pre-arrest bail to the petitioner. 6 Dr. YLR, J Crl.P.Nos.8381 & 8444 of 2025 Dated 01.09.2025 6. Per contra, Ms.P.Akhila Naidu, 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 she may abscond, thereby hampering the ongoing investigation and evading the process of law, and urged to dismiss the petition. 7. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 8. As seen from the record, it is the allegation of the prosecution that the petitioner/Accused No.13 in Cr.No.44 of 2025, along with her husband/A-8, held 34.50% shares in Navya Infra 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 submits that the petitioner is a practicing Advocate in the Telangana High Court. She is shown as one of the partners in Navya Infra Company and Energy Solutions only for namesake. She is only a 7 Dr. YLR, J Crl.P.Nos.8381 & 8444 of 2025 Dated 01.09.2025 sleeping partner, the real partner is her husband/A-8. There are matrimonial disputes between the petitioner and her husband/A-8 and she lodged a complaint against her husband/A-8 in Cr.No.891 of 2022 of Uppal Police Station for the offences punishable under Section 498-A of ‘the IPC’ and also women burning, as her husband/A-8 not only harassed her but also caused injuries. The police filed a charge sheet against her husband/A-8. Later, because of the compulsion of the family members, the matter was compromised. The petitioner 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 No.8 is her second husband and they were blessed with a girl child aged about 10 years. 9. As seen from the record produced by the petitioner, there are matrimonial disputes between the petitioner and Accused No.8. The petitioner tried to commit suicide by pouring sanitizer and setting herself ablaze with a lighter due to the unbearable torture meted out by her husband/Accused No.8. Indeed, in Cr.No.37 of 2025, the petitioner was not arrayed as an accused. The petitioner is a permanent resident of Uppal, Medchal–Malkajgiri District, Telangana State. She is a practicing 8 Dr. YLR, J Crl.P.Nos.8381 & 8444 of 2025 Dated 01.09.2025 Advocate in High Court of Telangana. The petitioner is only a sleeping partner in Navya Infra Company and Energy Solutions. 10. In view of the entire gamut of the cases, the nature and gravity of the allegations levelled against the petitioner, this Court deems it fit to grant pre-arrest bail to the petitioner. 11. In the result, the Criminal Petitions are allowed with the following conditions: i. In the event of her arrest, the petitioner shall be enlarged on bail subject to she executing a 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; 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 9 Dr. YLR, J Crl.P.Nos.8381 & 8444 of 2025 Dated 01.09.2025 between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. _______________________ DR. Y. LAKSHMANA RAO, J Date: 01.09.2025 RSI 10 Dr. YLR, J Crl.P.Nos.8381 & 8444 of 2025 Dated 01.09.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION Nos.8381 & 8444 of 2025 Date:01.09.2025 RSI