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2025 DAILYLAW 41431 (AP)

Dara Boina Prasad v. The State of Andhra Pradesh

CRLP/10112/2025 · 2025-10-27

Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY ,THE TWENTY EIGHTH DAY OF OCTOBER. TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10112 OF 2025 Between: Dara Boina Prasad, S/o. D. Anjiah, Aged about 54 years G.P.A holder of Akshay Caps Firm.R/o. Plot No. 145/146,Bhavani Mallapur,Hyderabad, Telangana State. Nagar, ...Petitioner/Proposed Accused No.6 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradeshat Amaravathi. Respondent/Complainant Petition under Section 482 Bharatiya Nagrik Suraksha Sanhita, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to grant ANTICIPATORY BAIL to the Petitioner / Proposed Accused No. 6 in connection with Crime No. 41 of 2025 of Prohibition and Excise Kandukur Police Station, Nellore District, in the event of his arrest on such condition or conditions. ' The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri.NAGA RAJU KOLLATI Advocate for the Petitioner, PUBLIC PROSECUTOR Advocate for the Respondent and the Court made the following APHC010516782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10112 OF 2025 Between: 1.DARA BOINA PRASAD, S/O. D. ANJIAH, AGED ABOUT 54 YEARS G.P.A HOLDER OF AKSHAY CAPS FIRM,R/0. PLOT NO. 145/146,BHAVANI NAGAR, MALLAPUR,HYDERABAD, TELANGANA STATE. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradeshat Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.NAGARAJU KOLLATI 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 Bharatiya Nagarik Suraksha Sanhita 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.6 for granting of pre-arrest bail in connection with Crime No. 41 of 2025 of Prohibition and Excise Police Station, Kandukur, Nellore District, registered for the alleged offence punishable under Sections 34(a) read with 34(1 )(ii), 34(e) read with 34(2), 13(1)(f)m 42(c), 34(f) read with 34(2), 13(e), 34(h), read with 34(2) and 42 50-B(a) of A.P.Excise Act, 1968. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 2. 3. Based on the confession of one Accused, the Petitioner herein is arraigned as Accused. Except the said confession given during the custody of Prohibition and Excise Officials, no other incriminating material is available against the Petitioner, so far. The Petitioner is permanent resident of Bhavani Nagar, Mallapur, Hyderabad. He alleged that due to political rivalry he arraignedas Accused in this case. 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/Accused No.6. In the result, the Criminal Petition is allowed with the following was 4. 5. conditions: i. In the event of arrest of the Petitioner/Accused No.6, he shall be enlarged on bail subject to his executing a personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioner/Accused No.6 shall make himself available for investigation as and when required; iii. The Petitioner/Accused No.6 shall not cause, any threat, inducement or promise to the prosecution yvitnesses; iv. The Petitioner/Accused No.6 shall appear before the Station House Officer concerned once in a week i.e., between 10.00 a.m. and 5.00 on every Saturday p.m., till filing of the charge sheet. The Petitioner/Accused No.6 shall not leave the State of Andhra Pradesh limits without the V. express permission from the Station House Officer concerned. The Petitioner/Accused No.6 shall surrender his to the investigating officer. If he claims that he does passport, he shall submit an affidavit to that effect to the Investigating Officer. VI. passport, if any, not have SDI- G.HELANAIDU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER I To, 1 The Station House Officer, Prohibition and Excise Station, Kandukur, Nellore District. 2. One CC to SRI. NAGA RAJU KOLLATI Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OPUC] 4. One spare copy f HIGH COURT DR.YLR,J DATED:28/10/2025 ANTICIPATORY BAIL ORDER CRLP.No.10112of 2025 I ALLOWED