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2025 DAILYLAW 29208 (AP)

Boya Nagireddy v. The State of Andhra Pradesh

CRLP/8418/2025 · 2025-08-19

Y Lakshmana Rao

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010417032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI O It WEDNESDAY, THE TWENTIETH DAY OF AUGUStIo TWO THOUSAND AND TWENTY FIVE L*. PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8418 OF 2025 Between: Boya Nagireddy, S/o.Boya Khasim, aged about 31 years, Occ:Daily Wage Worker, R/o.D.No.4-18-125, Valmiki Nagar, Adoni, Kurnool District. ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, Inspector Prohibition and Excise Station, Adoni, Kurnool District, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition filed under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.3 on bail, in the event of his arrest, in connection with FIR No.223 of 2025, dated 05-07-2025, in Prohibition and Excise Station, Adoni, Kurnool District. Counsel for the Petitioner: Sri Sasanka Bhuvanagiri r / 0 // Y Counsel for the Respondent: Sri Neelotphal Ganji, Assistant Public Prosecutor The Court made the following: APHC010417032025 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: 8418 OF 2025 Between: 1.BOYA NAGIREDDY, S/0 BOYA KHASIM, OCC DAILY WAGE WORKER, R/0 D.NO 4-18-125, VALMIKI NAGAR, ADONI, KURNOOL DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Inspector Prohibition and Excise Station, Adoni, Kurnool District, Rep.by its public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.SASANKA BHUVANAGIRI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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.3 for granting of pre-arrest bail in connection with Crime No.223 of 2025 of Prohibition and Excise Station, Adoni, Kurnool n- ■ • District, registered for the alleged offences punishable under Section 34(a) of A.P. Excise (Amendment) Act, 2020. 2. The case of the prosecution is that on 05.07.2025 at 7.40 p.m, while checking the vehicles by the Prohibition and Excise Department Officials, a gray colour TATA Indica Vista car bearing No. AP 26 AF 0379 coming from Siriguppa towards Adoni and stopped the same with the help of staff for inspection. That the two persons in the vehicle attempted to flee and the Adoni E.l detained them and searched the said car. Wherein it was found 14 Karnataka State liquor boxes on the back seat, each box containing 96 dips (90 ml) of Original Choice deluxe whisky tetra packets of Karnataka State of non duty paid liquor i.e totally 1344 packets. Accused No.1 is the driver and revealed that he and another Accused purchased the liquor instructed by Boya Nagireddy from the liquor shops in Siriguppa Town and were taking the same to his car. The same was seized under cover of Meditor Report and Registered a Crime. as 3. Mr. Sasanka Bhuvanagiri, the learned counsel for the petitioner/ Accused No.3 contends that the Petitioner is an innocent of the alleged offence and has been falsely implicated by the police, 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 it is urged to grant pre-arrest bail to the Petitioner. It is further and 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 they 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. 4. I 5. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. It is the contention of the learned counsel for the Petitioner that the entire evidence was already seized by the police, therefore no question of the Petitioner tampering with the evidence or threatening the witnesses. Further submitted that Accused 1 and 2 were already enlarged on bail. There are specific overt acts attributed against the Petitioner. 7. There are five adverse criminal antecedents against the Petitioner. The case in which the 1344 packets of Whysky were transported. There specific overt acts leveled against the Petitioner. Considering the facts and circumstances of the case, this Court is not inclined to grant pre-arrest bail to the Petitioner. Hence, there are no merits in the Criminal Petition, and it is liable to be dismissed. are •fer 8. In the result, the Criminal Petition iIS dismissed. However as per the liberty is granted to the the learned Judicial Magistrate request of the learned counsel for the Petitioner, Petitioner/Accused No.3 to surrender before concerned, within one (01) week from the date appropriate application before the learned Judicial The learned Judicial Magistrate shall application in accordance with law, orders within two (02) days. of this order, and move an Magistrate concerned, make endeavor to dispose of the said on its own merits, and pass appropriate Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTIOk FFICER To, 1. The Station House Officer, Kurnool District. One CC to Sri Sasanka Bhuvanagiri, Advocate Two CCs to the Public Prosecutor, Two CD Copies Prohibition and Excise Station, Adoni 2. [OPUC] High Court of AP at Amaravati [OUT] 3. 4. BSV sree %-s- ■ efi HIGH COURT DATED:20/08/2025 I II2SEPW5 S Current Section , ORDER CRLP NO. 8418 OF 2025 DISMISSING THE CRIMINAL PETITION