APHC010425612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8592/2025 Between: 1.SURENDRA R, (SHOWN AS RAMACHANDRA REDDY GARI SURENDAR REDDY IN CASE DIARY PART -1), S/O RAMACHANDRA REDDY, AGED 35 YEARS, R/O BOYAPALLI VILLAGE, GORTHIPALLI PANCHAYATHI, BAGEPALLI TALUK, KARNATAKA STATE. 2.G BHASKAR, (SHOWN AS THIKKAGANGAPPA GARI BHASKAR IN CASE DIARY PART -1), S/O. GANGANNA, AGED 56 YEARS, R/O BOYAPALLI VILLAGE, GORTHIPALLI PANCHAYATHI, BAGEPALLI TALUK, KARNATAKA STATE. 3.ESHWARAPPA, (SHOWN AS GOLLAPALLI ESWARAPPA IN CASE DIARY PART - I) . S/O VENKATARAMANNA, AGED 55 YEARS, R/O BOYAPALLI VILLAGE, GORTHIPALLI PANCHAYATHI, BAGEPALLI TALUK, KARNATAKA STATE ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Represented by the State Public Prosecutor, High Court of Andhra Pradesh, Amaravati, Through Station House Officer, Prohibition and Excise Station, Tanakal, Anantapuramu District ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.DHEERA KANISHKA Counsel for the Respondent/complainant: 2 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 Petitioners/Accused Nos.3, 4 & 5 for granting of pre-arrest bail in connection with Crime No.72 of 2019 of Prohibition & Excise Police Station, Tanakal, Anantapuramu District, registered for the alleged offence punishable under Section 34(a) of the A.P. Excise Act, 1968 (for brevity ‘the Act.,’). CASE OF THE PROSECUTION: 2. The case of the prosecution is that on 01.11.2019, the Prohibition & Excise officials have noticed illegal possession of Banglore Whisky total 1152 dips of NDPL tetra packets. They registered a case in Cr.No.72/2019 for the offence under Section 34(a) of ‘the Act.’ CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri Dheera Kanishka, the learned counsel for the Petitioners, submits that the Petitioners have not committed any offence; they were falsely implicated in this case; they are sole bread winners of their families; they are ready abide any conditions to be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioners/Accused Nos.3 to 5. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 4. Per contra, Ms. P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of pre-arrest bail stating that investigation is not 3 completed; if the petitioners are enlarged on pre-arrest bail, they would not be available for the investigation, and they will repeat the same offence; and it is urged to dismiss the bail application. 5. Perused the record. POINT FOR CONSIDERATION: 6. Now the point for consideration is: “Whether the Petitioners are entitled for grant of pre-arrest bail?” ANALYSIS: 7. The Petitioners are all residents of Karnataka State. FIR is of the year 2019. Nearly 6 years have passed by. In the mediator’s report, the names of the Petitioners were not mentioned. However, in the course of the investigation, they were added as Accused Nos.3, 4 & 5. Clearly, Prohibition & Excise officials have not taken any steps for nabbing the Petitioners. All the witnesses in this case are official witnesses. 8. Considering the facts and circumstances, the gravity and nature of the allegations levelled the Petitioners, this Court is inclined to grant pre-arrest bail to the Petitioners/ Accused Nos.3 to 5. CONCLUSION: 9. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of their arrest, the Petitioners/ Accused Nos.3 to 5 shall be enlarged on bail subject to them executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand 4 only), with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioners/ Accused Nos.3 to 5 shall make themselves available for investigation as and when required; iii. The Petitioners/ Accused Nos.3 to 5 shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The Petitioners/ Accused Nos.3 to 5 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The Petitioners/ Accused Nos.3 to 5 shall not leave the district limits without the express permission from the Station House Officer concerned. vi. The Petitioners/Accused Nos.3 to 5 shall surrender their passports, if any, to the investigating officer. If they claim that they does not have passport, they shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 28.08.2025. VTS