Extracted from the PDF above. The PDF is authoritative.
APHC010476802025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOS: 9564 and 9576 OF 2025 CRIMINAL PETITION NO: 9564/2025 Between: Dara Boina Prasad ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. NAGA RAJU KOLLATI Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 9576/2025 Between: Anu Priya ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. NAGA RAJU KOLLATI Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
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The Court made the following: ORDER:
The Criminal Petition Nos.9564 of 2025 and 9576 of 2025 have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟) by the Petitioners/un numbered Accused, for granting of pre-arrest bail in connection with Crime No.41 of 2025 of Prohibition & Excise Station, Kandukur, Nellore District, registered for the alleged offence punishable under Sections 34(A) R/W 34 (1)(ii), 34(e) R/W34(2) 13(1)(f) 42(c) 34(F)r/w 34(2)13(e) 34(h)R/W 34(2)&42, 50B(a) of A.P.Excise Act, 1968.
2. These two Criminal Petition Nos.9564 and 9576 of 2025 are heard and
disposed of by way of this common order, as the petitioners in these petitions are unnumbered accused in the same crime.
CASE OF THE PROSECUTION:
3. The case of the prosecution is that on 06.07.2025 at about 1.01 a.m., on reliable information, the Proh.&Excise Inspector along staff and mediators reached to D.No.D-6 Mittapalem of Gudlur Village and Mandal and found the accused along with 400 liters of Ethanol and other liquor bottles. The Proh.& Excise Inspector arrested the accused and seized the contraband.
CONTENTIONS OF THE COUNSEL FOR THE PETITIONERS:
4. Mr. Naga Raju Kollati,
learned counsel for the Petitioners (Crl.P.Nos.9564 and 9576 of 2025) submits that the Petitioners have been falsely implicated in the present case and have not committed any offence as alleged. The Petitioners are the sole earning members of their families, and
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their arrest would cause irreparable hardship to their dependents. The Petitioners are willing to abide by any condition that this Court may deem fit and proper for the grant of anticipatory bail. The Petitioners have got fixed abode.
5. 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 Petitioners have 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 Petitioners/unnumbered Accused in the interest of justice.
ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR:
6. Per contra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor vehemently opposed anticipatory bail, contending that the petitioners have not been arrayed as accused in this case and it is urged to dismiss the present Criminal Petitions.
7. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record.
POINT FOR CONSIDERATION:
8. 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 Petitioners are entitled for grant of pre-arrest bail?”
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ANALYSIS:
9. The learned Assistant Public Prosecutor submits that the petitioners have not been arrayed as accused in this case. However, the learned counsel for the petitioners apprehends that the petitioners may be shown as accused at any point hereafter. At this stage, the request of the petitioners cannot be considered. There is no merit in the present criminal petitions. Hence, they are dismissed.
10. In the result, Criminal Petition Nos. 9564 and 9576 of 2025 are dismissed, with liberty to the petitioners to approach this Court afresh as and when they are arrayed as accused.
As a sequel, Miscellaneous petitions, if any pending, shall stand closed.
_________________________ DR. Y. LAKSHMANA RAO, J Date: 22.09.2025 S D P
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560 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION Nos.9564 & 9576 of 2025 Date:22.09.2025
S D P