APHC010439422025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO CRIMINAL PETITION NO: 8778 OF 2025 Between: 1. GEMBALI MALLIKARJUNA RAO, S/O SATYANARAYNA AGED 63 YEARS, R/O FLAT NO.222, SAI SUKHA VISHTA/EMERALD BLOCK, STREET NO.8, GREEN HILL COLONY, HUBSIGUDA, SECUNDERABAD. 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of A.P., at Amaravathi. CRIMINAL PETITION NO: 8783/2025 Between: 1. GEMBALI MALLIKARJUNA RAO, S/O SATYANARAYNA AGED 63 YEARS, R/O FLAT NO.222, SAI SUKHA VISHTA/EMERALD BLOCK, STREET NO.8, GREEN HILL COLONY, HUBSIGUDA, SECUNDERABAD. 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of A.P., at Amaravathi. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOS: 8778, 8783 AND 8785 OF CRIMINAL PETITION NO: 8778 OF 2025 GEMBALI MALLIKARJUNA RAO, S/O SATYANARAYNA AGED 63 YEARS, R/O FLAT NO.222, SAI SUKHA VISHTA/EMERALD BLOCK, STREET NO.8, GREEN HILL COLONY, HUBSIGUDA, ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of A.P., at Amaravathi. ...RESPONDENT/COMPLAINANT CRIMINAL PETITION NO: 8783/2025 GEMBALI MALLIKARJUNA RAO, S/O SATYANARAYNA AGED 63 YEARS, R/O FLAT NO.222, SAI SUKHA VISHTA/EMERALD BLOCK, STREET NO.8, GREEN HILL COLONY, HUBSIGUDA, ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of A.P., at Amaravathi. ...RESPONDENT/COMPLAINANT IN THE HIGH COURT OF ANDHRA PRADESH [3521] THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO OF 2025 GEMBALI MALLIKARJUNA RAO, S/O SATYANARAYNA AGED 63 YEARS, R/O FLAT NO.222, SAI SUKHA VISHTA/EMERALD BLOCK, STREET NO.8, GREEN HILL COLONY, HUBSIGUDA, ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, ...RESPONDENT/COMPLAINANT GEMBALI MALLIKARJUNA RAO, S/O SATYANARAYNA AGED 63 YEARS, R/O FLAT NO.222, SAI SUKHA VISHTA/EMERALD BLOCK, STREET NO.8, GREEN HILL COLONY, HUBSIGUDA, ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, /COMPLAINANT 2 CRIMINAL PETITION NO: 8785/2025 Between: 1. GEMBALI MALLIKARJUNA RAO, S/O SATYANARAYNA AGED 63 YEARS, R/O FLAT NO.222, SAI SUKHA VISHTA/EMERALD BLOCK, STREET NO.8, GREEN HILL COLONY, HUBSIGUDA, SECUNDERABAD. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of A.P., at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. PADMAJA KATTUNGA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These three Criminal Petitions are heard and disposed of by this common order, as the Petitioner in three cases is one and the same, butthe cases are different. 2.The Criminal Petition No. 8778 of 2025 has been filed under Section 432 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), by the Petitioner/Accused for granting of pre-arrest bail in connection with Crime No.37 of 2025 of Excise Station, Repalle, Bapatla District, registered for thealleged offences punishable under Section7 read with 8(b)(ii) of A.P.Prohibition Act, 1995. 3 3.The Criminal Petition No. 8783 of 2025 has been filed under Section 432 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), by the Petitioner/Accused for granting of pre-arrest bail in connection with Crime No.41 of 2025 of Excise Station, Kandukur, SPSR Nellore District, registered for thealleged offences punishable under Section7 read with 8(b)(ii) of A.P.Prohibition Act, 1995. 4.The Criminal Petition No. 8785 of 2025 has been filed under Section 432 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), by the Petitioner/Accused for granting of pre-arrest bail in connection with Crime No.106 of 2025 of Excise Station, Payakaraopet, Anakapally District, registered for thealleged offences punishable under Section7 read with 8(b)(ii) of A.P.Prohibition Act, 1995. CASE OF THE PROSECUTION: 5.Material averments stemming from the prosecution are that on 21.09.2025 the S.H.O Prohibition of Excise, Amalapuram, on credible information, the Inspector along with staff reached the house of Marri Ayyappa bearing D.No.1/111 Annatarajupet Village, Kodur Mandal and found two individuals. One person admitted that they had counterfeit (adulterated) liquor inside their house. On search, they produced the adulterated liquor, which they used to transport and sold for using their motor vehicles. The Inspector of Prohibition and Excise, Kodur in the presence of witnesses examined the white bag on the terrace and found a total 90 liquor bottles and also 31 liquor 4 bottles, they were seized along with two motor cycles and registered the above cases. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 6.Smt. Padmaja Kattunga, learned counsel for the Petitioner respectfully submits that the Petitioner has been falsely implicated in the present case and has not committed any offence as alleged. The Petitioner is the sole earning member of his family, and his arrest would cause irreparable hardship to his dependents. The Petitioner is willing to abide by any condition that this Court may deem fit and proper for the grant of anticipatory bail. The Petitioner has got fixed abode. 7.It is further submitted that there is no recovery attributable to the Petitioner and custodial interrogation period was over and such custody is not warranted in the facts and circumstances of the case. The Petitioner has cooperated with the investigation and there is no likelihood of absconding or tampering with the prosecution evidence. Therefore, it is prayed that this Court may be pleased to grant pre-arrest bail to the Petitioner/Accused in the interest of justice. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 8.Per contra, NeelotpalGanji,learned Assistant Public Prosecutor vehemently opposed granting of pre-arrest bail contending that the investigation is at a nascent stage and the custodial interrogation of the Petitioner is imperative for eliciting material facts. It is submitted that if the 5 Petitioner is granted pre-arrest bail, there is a grave apprehension that he may not cooperate with the investigation and may evade the process of law. 9.It is further urged that the the prosecution also apprehends that the Petitioner may influence witnesses or tamper with evidence, thereby obstructing the fair and impartial investigation. In view of the seriousness of the allegations and the potential risk to the integrity of the investigation, it is prayed that the instant bail application be dismissed. 10.Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. POINT FOR CONSIDERATION: 11. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioner is entitled for grant of pre-arrest bail?” ANALYSIS: 12. The allegation against the Petitioner, who has not been arraigned as Accused. He is a licensed dealer of supply of ethanol. He runs a company under the name and style of ‘Krishna Pharma’ at Hyderabad. The prosecution alleges that the Petitioner had supplied ethanol to some persons/ Accused for manufacturing of spurious liquor. 13.Learned counsel for the Petitioner submits that the Petitioner is aged 63 years suffering from so many ailments. The Petitioner was arrested in five 6 cases viz., Crime No.44 of 2024 of Palakollu Excise Police Station, West Godavari District 2) Crime No.53 of 2025 of Yalamanchili Excise Police Station, Anakapalle; 3) Crime No.12 of 2025 of Koduru Excise Police Station, Kadapa; 4) Crime No.99 of 2025 of Amalapuram Excise Police Station, Dr. B.R.AmbedkarKonaseema District and PCOR No.189 of 2025 of Excise Police Station, Huzur Nagar, Kodada. The Petitioner had been in judicial custody for the past 47 days. In all the five cases, he was arrested in one case, later he was shown as Accused and he was arrested by executing a P.T.Warrant. 14. The Petitioner so far is not arraigned as Accused in the instant two cases as per version of the learned Assistant Public Prosecutor. Therefore, it is contended that the apprehension of the Petitioner that he would be arrested is only pre-mature and displaced. 15.Learned counsel for the Petitioner brought to the notice of this Court that the averments of case in Crime No.12 of 2025 of Koduru, Prohibition and Excise Station, wherein also the Petitioner was not also not shown as Accused, later he was arrested in the same Crime. Similarly, in nearly four other cases, he was not shown as Accused, later he was arrested in the said crimes and he was in judicial custody as mentioned supra. Now the Petitioner apprehension is that he would be arrested in the instant three cases. 16. Learned counsel for the Petitioner would contend that now the Petitioner is not in a possession of supply of ethanol to the others, as the Government have stopped giving ethanol to the Petitioner’s company, in view 7 of registration of several cases against him. In that view of the matter, the Petitioner may not have chance of repeating the offence in future. 17. Considering the facts and circumstances, the gravity and nature of the allegations levelled the Petitioner, this Court is inclined to grant pre-arrest bail to the Petitioner. CONCLUSION: 18. In the result, the Criminal Petitionsare allowed with the following conditions: i. In the event of his arrest, the Petitionershall be enlarged on bail subject to his executing a personal 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 Petitionershall make himself available for investigation as and when required; iii. The Petitionershall not cause any threat, inducement or promise to the prosecution witnesses; iv. The Petitionershall 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 Petitionershall not leave the district limits without the express permission from the Station House Officer concerned. vi. The Petitionershall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, 8 he shall submit an affidavit to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 18.09.2025. KK 9 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOS: 8778, 8783 AND 8785 OF 2025 18.09.2025 KK