APHC010426912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8565/2025 Between: Thinnelapudi Brahmanandam ...PETITIONER/ACCUSED AND The Station House Officer ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. C SUBODH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’)by the petitioner/A10 for granting of pre-arrest bail in connection with Crime No.100 of 2024 of Indukurpeta Excise Station, Nellore, registered for the alleged offences punishable under Section 34(a) (1) (ii) and 50-B of Andhra Pradesh Excise Act. 2 2. The case of the prosecution, in a nutshell, is that on 20.04.2024 on credible information and as per the instructions of the Additional Superintendent of Police, SEB, Nellore, the Intelligent team along with Enforcement Inspector, SEB Station, Indukurpet secured the mediators and proceeded to Pantapalem Village and after that proceeded towards Dammayapalem Village along with FST Team-1 meanwhile FST Team-2 joined with them, noticed one car in front of Dabbalu Factory, Outskirt Dammayapalem Village and noticed 7 gunny bags and on verification, noticed total 1258 Nips of Liquor bottles. On interrogation the driver of the vehicle confessed that the above liquor bottles belong to Sudhakar Reddy who is the owner of the vehicle. Then the police officials proceeded to HP Petrol Bunk, Pantapalem, on seeing them the drivers of the two cars have escaped from that cars, but detained them. Then on enquiry, the drivers revealed the person, who is the king-pin of the property as Maru Sudhakar Reddy is the main persons for this property. Then the police team proceeded to Maru Sudhakar Reddy house and they have picked up him then proceeded to diliapidated shed near Royyala Cheruvu Dibba, Pantapalem Village and found the property 2974 NIPS of liquor bottles, total seized 1258+2974=4232 and arrested A1 to A4 in the presence of mediators. Later, the case was re- opened for further investigation on the representation given by one P. Mallikarjuna, who is no way connected with this case. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3 4. Sri C.Subodh, learned counsel for the petitioner submits that the petitioner has not committed any offence; he was falsely implicated in this case after charge sheet was filed; it is due to political vengeance, the case is re-opened and harassed the petitioner for no reason; petitioner is the sole breadwinner; he is ready to abide any conditions to be imposed by this Court; and urged to grant pre-arrest bail to the petitioner/accused No.10. 5. Per contra, Sri Neelothpal Ganji, the learned Assistant Public Prosecutor, opposed in granting of bail stating that ire-nvestigation is not yet completed; if the petitioner is granted pre-arrest bail, he will interfere in the investigation, and it is urged to dismiss the bail petition. Earlier, the investigation was ordered under Section 173 (8) of ‘the Cr.P.C.,’/Section 193 of ‘the BNSS’. 6. The allegation against the petitioner/A10 is that he along with accused Nos.8 and 9 had brought huge quantity of liquor on the eve of General Elections, 2024 and distributed the liquor bottles to the voters to cast their votes in favour of Kakani Govardhan Reddy/accused No.8, who contested elections at Sarvepalli Legislative Assembly from YSRCP. In fact, a case in Crime No.100 of 2024 was registered on 21.04.2024 by the Prohibition and Excise Station, Indukurupeta for the offence punishable under Section 34(a) (1) (ii) of the A.P.Excise Act, 1968, based on the mediators report prepared by the Special Enforcement Bureau Station, Indukurupeta. The investigation was conducted in that case. After completion of thorough investigation, Sri 4 S.Srinivasulu, the then SEB Inspector, Special Enforcement Bureau Station, Indukurpeta filed charge sheet on 06.09.2024 against A1 to A7 and the charge sheet was taken on file i.e., cognizance was taken against the offence vide C.C.No.5267 of 2024 by the learned Special Judicial Magistrate of First Class for Trail of Prohibition and Excise Offences, Nellore. 7. Later, surprisingly, nearly after nine (9) months i.e., on 04.06.2025 one Parchuru Mallikarjuna, Resident of Pantapalem Village, Muthukuru Mandal, approached the District Prohibition & Excise Office, Nellore and submitted a representation against accused No.8/Kakani Govardhan Reddy, the then MLA of Sarvepalli Assembly Constituency and earlier served as Minister and also against two persons, including the petitioner, alleging that they had brought the huge quantity of liquor bottles on the eve of General Elections, 2024 and distributed the same to the voters to cast their votes in favour of accused No.8/Kakani Govardhan Reddy, who contested the elections at Sarvepalli Assembly Constituency for YSRCP. 8. Ironically, based on the representation submitted by Parchuru Mallikarjuna, the District Prohibition & Excise Officer, SPSR Nellore District issued instructions to the SHO, Prohibition & Excise Station, Indukurpeta vide Rc.No.79/2024/A3, dated 04.06.2025 directing to enquire into the matter and prima-facie evidence against persons on whom a representation was submitted by Parchuru Mallikarjuna. It was directed to take appropriate action under Section 193 of ‘the BNSS.,’ (Section 173 (8) of Cr.P.C.) to ensure 5 addition of such persons as accused, if warranted and file supplementary final report before the learned Jurisdictional Magistrate. As per the instructions of the District Prohibition & Excise Office, Nellore, the present Station House Officer, of Prohibition and Excise Station, Indukurpeta filed a memo before the learned Special Judicial Magistrate of First Class for Trail of Prohibition and Excise Offences, Nellore seeking permission for further investigation under Section 173(3) of Cr.P.C./193(9) of BNSS, as the present Station House Officer noticed that there were certain lapses of investigation. It appears that the learned Magistrate has given permission to the Station House Officer for conducting further investigation. On 10.06.2025, the Station House Officer secured the presence of informant Parchuru Mallikarjuna and three others recorded their statements. The learned Magistrate also recorded the statement of Parchuru Mallikarjuna under Section 164 of Cr.P.C./183 of BNSS on 12.06.2025. The Station House Officer, Indukurpeta Prohibition and Excise Police Station prima-facie found a case against the petitioner and accused No.8/Kakani Govardhan Reddy, accused No.9/Poluru Lenin under Section 34(a)(1)(ii) and Section 50-B of AP Excise Act, 1968. Therefore, he filed a memo before the learned Magistrate requesting to add the names of petitioner, accused No.8/Kakani Govardhan Reddy and accused No.9/Poluru Lenin besides existing accused, who are seven (7) in number. That is how the petitioner/A10 was figured in this case as an accused. The petitioner is permanent resident of Panta Palem, Muttukuru, SPSR Nellore District. The petitioner/Accused No.10 contends that his name was roped into the record 6 because of the political animosity between the petitioner and the defacto complainant in the instant case. 9. Considering the entire above mentioned facts and circumstances of the case, this Court deems it fit to grant pre-arrest bail to petitioner/accused No.10, subject to the following stringent conditions: a) In the event of arrest of the petitioner/accused No.10, the petitioner/accused No.10 shall be enlarged on bail on executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials; b) The petitioner shall make himself available for investigation as and when required; c) The petitioner shall not cause any threat, inducement or promise to the prosecution witnesses; d) The petitioner shall not leave the district limits without the express permission from the Station House Officer concerned. f) The petitioner shall surrender his passport, if any, to the investigating officer. If he claim that he does not has a passport, he shall submit an affidavit to that effect to the Investigating Officer. 10. Accordingly, the Criminal Petition is allowed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 30.08.2025 S D P 7 8 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8565 of 2025 Date:30.08.2025 S D P