/ -IB\! TENE I"€=SRE 6®usgRT {:B!S= Ag\§®HRA PRjADE`SIF8 AT AREARAVATI THUFRSE3AY ,THE i-'WEiVTY EIGHTH DAY OF AUGUS TWO TH®ELJSAND AND TWENTY FIVE : grRESEREH: '',;:t,, 'q THEn== FT§®N®ajRABELaE: E}R JusST]CE= Y. irAKSffiREANA RA`®¥`n '_¢ GffiIIV]INAEL EDE"ll-!®N N®: 86ffl5 ®F 2®25 Betweem : E3521 I Dara Boina P.rasad, S/a. D. Anjiahz Aged about 5,4 years,, G.P.A rfeo!der of Akshay CaBS Firm, R/®. PII®€ N®. 145/146, Binavani Nagar, MaI!apur Hyderabac!, Teiarlg'ana State. P®tiifli®prfi©g'/ELg ffi r§ REm beFTedi Ae®ussec! AND The State ®f ArEdigrPra Pi>dade``sha, §3`eF,. byf its F9ubiic Pr®Secllt®r9 HigTh €`-®urrt ®f Andhra Prac!es#l tat AmaravathaL EQ®sp®rmdi®mft/e®rmp§gB §mamt Peti±ien tjmdeiJI Sefrty`ti®;a 4(:}2 ®t-BRESS\ {438 ®f {;-:-r,pro€;.9} perayir!g that inm the circumstances statLS;catdi in the afflidia6vit fiieci in su§3P®nt ®f the Grimina! Petition, the High C®thrfi rmgBy be xpie;ESe`d tO grarit AFedIT§6iPAT®RY BA.iL t® the p'etitioner / Ura §tlELimbered Accl!S€5Ci in C®rirnge6¢i®r§ Wij£r! eirime N!o. 5:i ®f 2025 of Prohibiti®rB amd Ex£`;;§Sfg FD.S. Y-€+a§ama§lGhiii, Anakaxpa!Ii Bis€rict, im the evemt of arrest cm sthch g,®riGIitiert or c®rHC!itig:`nS COUNSEL F®F:a 'Th-FiE= FSET=T§Td!€3'!StiEgia€ : Sap&§. RE#qu``6A FS_ffiujgfty§ RE®ELELAT§fi COUNSEEL F®F;a. Tm ET. FRE`f3§3{-jf'\`.!!:3E§"-I,i : FTREBELa§® grtlng®§E®§ulT®F¥u Tffi E G® us reH ff`&;¢j,;:7RAiE9±:;.: |FIRE Ei F~'o®ELa!Lr®-ngW§ igng S ® ffiusE FT& APHCO10431252025 ETHHE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THURSDAY,THE TWENTY EIGHTH DAY OFAUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8645/2025 [3521] Between : DARA BOINA PRASAD, S/O.t' DI ANJIAH, AGED ABOUT 54 YEARS, G.P.A HOLDER OF.AKSHAY CAPS FIRM, R/O. PLOT NO.145/146, BHAVANI NAGAR, MALLAPUR HYDERABAD, TELANGANA STATE. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court ofAndhra Pradesh at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. NAGA RAJU KOLLATI Counsel for 1:he Respondent/comp[ainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: i Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity lthe BNSS') by the Petitioner for granting pre-arrest bail in connection with crime No.53 of 2025 of Prohibition and Excise Police Station, Yalamanchili, Anakapalli District, registered for the \' REI alleged offences punishable under Sections 34(a) read wI®th 34(1)(i) & 37A(1 )(i) read with 50B(a) of the A.P. Excise Act, 1968. (for brevity {the ActJ). 2. (for brevity {the ActJ). 2. The case of the prosecution is that on o2.07.2025, acting under the instructions of the Assistant Commissioner of ProhibitI-On & Excise, Anakapalli Division, the Prohibition `& Excise Inspector of Yelamanchili Station, accompanied by departmental staff and mediators, proceeded to Atchutapuram at 05.'15 p.m., and detected a case involving spurious liquor. During the said operation, one male individual was found I-n possession Of a white plastic can containing five lI-treS Of Hand Rub (Spirit), a plastic bottle containing one litre of caramel liquid, two dispenser pourers, two disposable syrI'ngeS, a handbag containing five Indian Made Liquor (IML) bottles, and a sea green Realme C61 mobI'Ie phone bearing lMEl numbers 862818073934210 and 862818073934202. The contraband was duly sealed and seized in the presence of mediators, and the accused was arrested on the spot. Pursuant to the confession of Accused No.1, a follow-up raid was conducted at Parawada Village and Mandal, wherein Accused No.1 and 2 were found in possession of two brown cardboard boxes, each containing five white plastic cans of five-litre capacI'ty, filled WI|th Hand Rub (Spirit). Additionally, one plastic bottle containing caramel liquid, one bronze vessel containing approximately twelve litres of illicitly distilled liquor, one white plastic can containing five litres of illegal liquor, and four spirit bottles were recovered. Further, 455 empty pla'stic bottles of 180 ml capacity, one cardboarcl box containing 180 liquor caps printed with tlAc BIock," and one i> 3 plastic glory bag containing 1700 bottles of {[Classic-Whisky" (Net Quantity: 180 ml, MRP Rs.150/-), labelled [{For sale in Andhra Pradesh only," were seized. 3. The search also yielded one bottling machine, one black coloured Shape A10 mobile phone (Model No. CPH 2269) bearing lMEl numbers 961144057225854 and 851144057228847, and one blue coloured OPPO A9 2020 mobile phone (Model No. CPH 1937) bearing lMEI numbers 861458040712639 and 61456040212621 : Samples of the seized substances were drawn in accordance with prescribed procedure. Based on the material evidence and statements record6d, Accused Nos.3 & 4 were implicated in the offence. Accused Nos.1 & 2 were formally arrested, and the mediators7 report was registered on 03.07.2025 as Crime No.53/2025.- 4. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. Sri Naga Raju Kollati, the learned Counsel for the Petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case. He is the sole breadwinner of his family. He is ready to abide by any conditions to be imposed by this Court. lt is urged to grant pre-arrest bail to the Petitioner. 6. Per contra, Ms. P.Akhila, the learned Assistant Public Prosecutor, opposed in granting of bail stating that some more material witnesses have to be examined; investigation is not completed; if the Petitioner is enlarged on \\_ \ -.\' (?{L bail, he would not be available for the investigation and he would escape from the clutches of law, and requested to pass appropriate orders. 7. Based on the confession of accused No.3, the petitioner herein is arraigned as accused. Except the said confession given during the custody of Prohibition and Excise OfficI'alS, nO dther inCrimI-mating material is available agal-nst the petI'tiOner, SO far. The petitioner is permanent resident of Bhavani Nagar, Mallapur, Hyderabad. He alleged that due to politI'Cal rivilary he was arraigned as accused in this case. There- are three adverse antecedents reported against the petitioner. However, mere manufacturing of caps and bottles meant for filling the contraband is not a ground {o incriminate the petitioner. This Court, in CrI.P.No.8123 of 2025 dated 21.08.2025, granted pre-arrest bail to the Petitioner in Crime No.37 of 2025 on the fI-Ie of the Prohibition and Excise Police Station, Repalle. This Court, in CrI.P.No.8041 of 2025 dated ll.08.2025, granted pr6-arrest bail {o the petitioner in Crime No.44 of 2025 on the file of the ProhibitI'On and Excise Police Station, Palakolu, West Godavari District. Further, this Court, in CrI.P.No.7843 of 2025 dated 04.08.2025, granted pre-arrest bail to the petitioner in crime No.99 of 2025 on the file of the Prohibition and Excise Police Station, Amalapuram, B.R. Ambedkar Konaseema District. A learned Single Judge of thI'S Court, in I.A.No.2 of 2025 in Crl.P.No.4827 of 2025, granted stay of all further proceedings in crime No.12 of 2025 on the file of the Prohibition and Excise I Police Station, Koduru (RIy. Kodur), Annamayya District, in favour of the petitioner. Similarly, a learned Single Judge of this Court, in Crl.P.No.2770 of `\-. \ _ I .i.- ,---`. a .^ .i:, , 2025, granted pre-arrest bail to the petitioner in Crime No.12 of 2025 on the file of the Prohibition and Excise Police Station, Koduru (Rly. Kodur), Annamayya District. 10. Considering the nature and gravity of the allegations levelled against the petitioner and his alleged role played in this case, this Court deems it fit to grant pre-arrest bail to the Petitioner/Accused. ll. ln the result, the Criminal Pe+ijtion is allowed with the following conditions: i. ln the event of his arrest, the Petitioner/Accused shall be enlarged on bail subject {o he executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), each with two suret'les for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioner/Accused shall make himself available for investigation as and when required; iii. The Petitioner/Accused s'hall not cause any threat, inducement or pro-mise to the prosecution witnesses; iv. The Petitioner/Accused shall appear before the Station House Officer concemed once a week i.e., every Saturday between 10.OO a.in. and 5.00 p.m., till filing of the charge sheet. v. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned. --~=-r' -, +t 6 vi The petjtI-Oner/accused shall surrender hl-s passport, if any, to the investI'gatjng offI'Cer. lf he claims that he does not have passport, he shall submit an affldavjt to that effect to the I-nVeStigatI'ng Officer. lt``ft`` Tog //FTnedigE G;a®PV// F sD/-G.HELANAJ_nij A S S I S TA N-ii5/==nG\I`Sf+T E:E a sECTIO#oFFIC== 1 The s.tat§Fdln H®use ®FffuG€,tr, Pf®th,bff£m and Exe!se pe S yajamanch!jL Anakaxpa!gfl§8' DgusErjG# 2. omeecf® 3. Two GCs rfi© 4. ®m#~ffi Sffiagp"hags si3L iRWACBTA EL-RAJIJ KOLLATi AGiV®CaEe E®PenC] puBLjC PROi€3`ECUTOR, Hi'gh court ofA Pf®uTJ 4=b€!pe:S? HIGH COusffiF DR.YLR,J DATED : 28/®8/2®2© BAIL ORE)EgR CRLP.N®.86#g Off Pan®25 ALL®\W E E9