APHC010464322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9206 OF 2025 Between: 1. KUMAR NAIK, TOGYA NAIK, AGED 55 YEARS, R/O. D.NO 10-1, G.S THANDA VILLAGE, GUDIBANDA MANDAL, SRI SATHYA SAI DISTRICT, A.P ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Prohibition and Excise Station, Madakasira, Sathya Sai District, Rep by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KASHAPOGU SURESH 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 BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟) by the Petitioner/Accused No.2 for granting of pre-arrest bail in connection with Crime No.185 of 2025 of Prohibition and Excise Station, Madakasira, Sathya Sai District, registered for the alleged offence punishable under Section 7-A read with 8(e) of A.P.Prohibition Act. CASE OF THE PROSECUTION: 2. The case of the prosecution is that on 20.08.2023, the Police conducted raids at about 5.00 p.m at G.S.Thanda Village, Gujdidanahalli to G.S.Thanda Road, Gudibanda Mandal found two male persons in possession of one white bag. On seeing the Police, they tried to escape from the spot. On enquiry, two white colouredplythene bags with two plastic covers containing 10 Liters of ID liquor each, total 20 liters of ID liquor were found from the Accused, which was seized by the Police, took them into custody and Registered the above case. CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Sri Kashapogu Suresh, 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 arrest would cause irreparable hardship to dependents. The Petitioner is willing to abide by any condition that this Court may deem fit and proper for the grant of anticipatory bail. 4. It is further submitted that there is no recovery attributable to the Petitioner and custodial interrogation is not warranted in the facts and circumstances of the case. The Petitioner has cooperated with the investigation and there is no likelihood of him 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: 5. Per contra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor vehemently opposed anticipatory bail,contending that without approaching the learned Sessions Judge of first instance, the Petitioner filed this Petition directly before this Court, such procedure is contrary to the order of the Hon‟ble Apex Court in Mohammed Rasal.C and Another v. State of Kerala and Another1. 6. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. POINT FOR CONSIDERATION: 7. 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: 8. An application has been filed under Section 482 of „the BNSS‟, seeking for granting pre-arrest bail without approaching the learned Sessions Judge concerned at first instance. Learned Assistant Public Prosecutor submits that such procedure is contrary to the order of the Hon‟ble Apex Court in 1Special Leave to Appeal (Crl) Nos. 6588 of 2025, dated 08.09.2025. Mohammed Rasal.C and Another v. State of Kerala and Another2 wherein it was held as follows:- “7. The Sessions Judge exercises powers sunder Section 438 Cr.P.C in relation to all cases registered with the police stations in the particular District. This area-wife distribution of work would make it much more convenient and facilitate expeditious disposal, if the application for pre-arrest bail is first filed before the Sessions Court which would have a direct and first-hand assistance of the concerned Public Prosecutor appointed for that particular District. The Sessions Court would also have an immediate access to the Case Diary thereby facilitating a better appreciation of facts of the case. 8. We further feel that if the practice of entertaining the applications for pre-arrest bail directly in the High Court is encouraged, and the parties concerned are not relegated to first approach the Sessions Court concerned, the High Court would be flooded with a spate of pre-arrest bail applications thereby creating a chaotic situation. We say so, because if the parties are required to approach the Sessions Court concerned for seeking remedy of pre- arrest bail, there is a strong probability that significant number of applications would be allowed at that level only thereby acting as a filtration process before the process reaches the High Court. 9. It is trite that in most of the States, there is a consistent practice requiring the litigant concerned to first approach the Sessions Court for seeking relief of pre-arrest bail and only in the event of denial of such relief, the litigant would be granted access to approach the High Court for seeking such relief. This is, of course, subject to just exceptions and the High Court, for reasons to be recorded, may entertain an application for pre-arrest bail directly in special/ extra- ordinary circumstances.” Albeit this Court has got concurrent jurisdiction under Section 482 of „the BNSS‟, such discretionary relief would only be granted, when the Petitioner establishes a special or extra ordinary circumstance. As seen from the 2Special Leave to Appeal (Crl) Nos. 6588 of 2025, dated 08.09.2025. averments, the Petitioner neither established a special circumstances nor extra-ordinary circumstance. CONCLUSION: 9. In view of above facts and circumstances of the case, the Criminal Petition is disposed of, giving liberty to the Petitioner to approach the learned Sessions Judge concerned and move appropriate application for grant of pre- arrest bail. Any observations made in this Order would not hinder the learned Sessions Judge concerned to apply its mind independently and pass appropriate orders on merits in accordance with law. The Investigating Officer is directed that no coercive steps shall be taken against the Petitioner/ Accused No.2 for a period of three (03) weeks from today, enabling the Petitioner to approach the learned Sessions Judge. _________________________ DR. Y. LAKSHMANA RAO, J Date: 12.09.2025. KK THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9206 OF 2025 12.09.2025 KK