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2025 DAILYLAW 3651 (AP)

BUDDIGA PRASAD ALIAS BUDDIGA DURGA PRASAD v. THE STATE OF ANDHRA PRADESH

CRLP/540/2025 · 2025-01-29

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

J,? t=--_- L IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 540 OF 2025 Betwee n : tiS5= Buddiga Prasad Alias Buddiga Durga Prasad, S/o. Devudu, Aged About 29 years, R/o. Sanjeevaya Nagar, VTC Rajamahendravaram Urban, Raj amahendravaram, East Godavari District. . . . Petitioner/A3 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi ...Respondent Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (438 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to enlarge the petitioner on bail in the event of his arrest in Crime No.506 of 2024 dated: 26.ll.2024, on the file of the Proh. & Excise Station Rajamahendravaram South Police Station, East Godavari District. Counsel for the Petitioner : Sri Kadiyam Neelakanteswara Rao Counsel for the Respondent : Assistant Public Prosecutor. The Court made the following ORDER: This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A-3, seeking anticipatory bail, in connection With Crime No.506 6f 2024 of PFohibit'lon and Excise Station, Rajamahendravaram South, East Godavari district. ui_I_ \` `_ L1 I 2. A case has -been regI'Stered agalnst the petl'tI-Oner herel-n and others for the offence punishable under sectl'on 7-B read wl-th 8-A and 8-B of the A P. Prohjb,-tl-on (Amendment) Act, 2020. 3. case of the prosecution, ,'n brief, js that, on 26.ll.2024, at about o7.00 AM, on credible l'nformatl-on, the sub-Inspectors of POI,'ce, prohl|bit,-on and ExcI-Se Statl'on, Rajamahendravaram south, along w,'th hl-s staff and mediators, proceeded to the scene of offence and found Al and A2 stjrr,|ng with two stI-Cks I|n two separate aluminum vessels whl|ch were kept on two separate hearths. on verjficatl-on of the spot, the poll'ce found115 'jtres of lD liquor and 4200 litres of FJ wash. Al and A2 confessed that they are working as daily coolies under A3. After drawing samples, the contraband along wl'th vehl'cle and other materl'al was sel'zed under cover of a mediators report and a case has been regl'stered agaf-nst the accused. 4. Learned counsel for the petl-tI'Oner subml-ts that the petl't,'oner js I'nnocent and he l's falsely jmp'jcated I-n the present crl'me based on the alleged confessI-On made by co-accused and nothing has been sel'zed from h,-s possessl-on He further subml'ts that most of the I'nVest,'gatjon I-s completed. ||. 9_E= \ E= 3 r/ 5. On the contrary, Iea`rned Ass'lstant Public Prosecutor submits that the investigation is in progress and if the petitioner is granted ant-lc-lpatory bail, he may hamper the process of investigation and tamper with the prosecution evidence. 6. Heard. Perused the record. 7. A perusal of the material on record goes to Show that based on the confessional statement made by co-accused, the name of the pet'ltioner herein was shown as accused in the present crime and no contraband is se'lzed from his possession. Major portion of investigation 'ls completed. 8. ln view of the aforesaid facts and circumstances Of the case, this court is inclined to grant anticipatory bail to the petitioner/A3 on the following conditions. i) ln the event of arrest of the petitioner herein/A3 in the aforesaid crime, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Arresting OfflcerD ii) petitioner shall make himself available for interrogation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat Or Promise tO a Eiii Tol f/ any person acquainted wl-th the facts of the case so as to dissuade him from dI-SCIOSl.ng such facts to the court or to any police officer. IiI') PetjtI-Oner shall appear before the station House officer concerned once I'n a week I-.e., on every saturday between 10.00 AM and o1.00 PM tj" fill'ng of charge sheet. 9. Accordingly, the criml-hal petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, pending I-n this Criml-nal petition shall stand closed. SD/- K.SRINjVAS,'£. RAJU ASSISTANT //TRUE COPY// Fc SECTIO GISTRAR iii] 1. The station House offI'Cer, Prohibjtjon & Excise statl'on, Rajamahendravaram south, East Godavarl' Dl'strl.ct. 2. One cc to SRI KADIYAM NEELAKANTESWARA RAO Advocate [OPUC] 3. Two ccs to public prosecutor (AP) HI'gh Court ofAndhra pradesh [OUTJ 4. One spare copy CVSS `` r, \-- \ HIGH COURT I| SRK,J DATED:29/01/2025 BAIL ORDER CRLP.No.54O of 2025 ALLOWED c.ixp -uk./ i. I,t},-?### :t`'`-I. I :xp;:grfgflqe#`, +- REaejS#*ELLto&*`\ ¥;;i` ll rl,i.I a2 ,I;. a .\ \\ELRA 1\\\ ` `:..:-:`5--I.; `: f==.;::;*:.. --`