` i;/ I IN THE HIGH COURTOF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: -\ THE HONOURABLE SRI JUSTICE K SREENIVASA REDD\ CRIMINAL PETITION NO: 668 OF 2025 Betwee n : 1. G. Vijayaraj @ Chinnaiah, S/o. A. Gopal, Aged 61 years, R/o. D. No.1- 1297, Gandhi Nagar, Bandapalle Road, Chittoor District. 2. J. Prabhu Budlu, S/o. late Johnson, Aged 30 years, R/o. Rasanapalll', Gudipala Mandal, Chittoor District. Petitioners/Accused 2 & 3 AND 1. The State ofAndhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. Respondent/Complainant Petition under Section 482 of BNSS (438 of Cr.P.C.,) praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to direct the Station House Officer, SEB Chittoor Urban Police Station, Chittoor District to release the petitioners/Accused No. 2 & 3 on bail in the event of his arrest in connection with Cr. No. 250/2024 of SEB Chittoor Urban Police Station, Chittoor District COUNSEL FOR THE PETITIONER : SRI. D PURNACHANDRA REDDY COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER y \ ORDER:- This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short lthe BNSS') has been filed on behalf of the petitioners/accused Nos.2 and 3 to grant anticipatory bal'l in connection with Crime No.250 of 2024 of SEB Chittoor Urban Police Station, Chittoor District. 2. A case has been registered against the petitioners/ accused Nos.2 and 3 and others for the offence punishable under Section 7-B read with 8-A, 8-C (a) of the Andhra Pradesh Prohibition Act, 1955 (Amended in 2020) (for brevity [the APP Act') 3. Brief facts of the case of prosecution are that, on 09.12.2024 at about 6.30 a.m. the Sub-Inspector of Prohibition and Excise Station, Chittoor Urban, on instructions of the AssI'Stant Commissioner of Prohibition and Excise, Enforcement, Chittoor, along with two mediators and other police personnel, at MSR Circle of Chjttoor and reached Cheelapalli cross situated on Chittoor to Vellore Bus road of Gudipala Mandal; that they found one male person coming on a two-Wheeler along With two bags and on seeing the police personnel, he tried to skulk away; that the police apprehended the said person and on inquiry, he confessed that he was carrying [D liquor; that the police verified the bag and c---i- r__{>4-. J' found three white colour plastic bags ,-.e.1St bag conta'lning 400 lD arrack sachets each of 100 ml, 2nd bag containing with 360 lD arrack sachets each of 100 ml and 3rd bag containing with 350 lD arrack sachets each of 100 ml, in total 1,110 sachets each 100 mI, totally 1,110 x 0.100 ml = 111 liters of ID arrack with pungent Odor; that the police questioned the identity particulars of the said person, who is accused No.1; that the 'lnquiry Of POliCe revealed that the petitioners/accused Nos.2 and 3 also involved in manufacturing and supply of the lD arrack through accused No.1. The police arrested the accused No.1 and seized the contraband under the cover of a Mediators Report, basing on which, a Case in crime No.250 of 2024 of Prohibition and Excise Station, Chittoor urban was registered for the aforesaid offences and ®lnvestigated into. 4. Learned counsel for the Petit®lOnerS/accused Nos.2 and 3 submitted that the Petitioners/accused Nos.2 and 3 were falsely implicated in the case basing on the confession of accused No.1. Though there is nO Seizure Of contraband from the possession of petitioners/accused Nos.2 and 3, their names Were .---fib I roPed into the Crime and there is every likelihood of apprehending them for extracting confession from them. 5. Learned Assistant Public Prosecutor for state submitted that the I-nVeStigatiOn dI-SCIosed that two other crimes are registered as against the petitioner No.1/accused No.2; that the investigation is pending. Hence, prays to dismiss the criminal Petition. 6. Heard and perused the record. 7. A perusal of material on record coupled with the Mediators Report drafted by the police personnel on o9.12024, goes to show that the police seized contraband from the POSSeSSiOn Of accused No.1 and basing on his confession, the names of petitioners/accused Nos.2 and 3 were added into the crime. Pr,'ma fac,'e no contraband was seized from the possession of petitioners/accused Nos.2 and 3. There is any amount of ambiguity whether they were involved in manufacturing and supply of ID arrack as alleged by the prosecution, in the present crime. In view of the said reason, this Court is inclined to grant anticipatory bail to the petitioners/accused Nos.2 and 3, on certain conditions. 8. Accordingly, in the event of the arrest of petitioners/ accused Nos.2 and 3 in the above crime, they shall be released on bail on their executing personal bond for a sum of Rs.10,000/- (Rupees ten thousand) each wI®th two Sureties each for the like sum to the satisfaction of the arresting police officials. Further, the Petitioners/accused Nos.2 and 3 shall appear before the station House Officer, concerned once in a week ,I.e. on every saturday in between 10.00 a.m. and 2.00 p.m. till filing of the charge sheet and further, the petitioners/accused Nos.2 and 3 shall make themselves available for jnvestjgation as and when requl®red and that they shall not cause any threat, inducement or promise to the prosecution witnesses. 9. Accordingly, the Criminal Petition isallowed. l^ . SD/- K.SRINIVASA RAJU ASSISTANT GISTRAFt SECTION OFFICER /ITRUE COPY// To'1. The Station House Offllcer, SEB ChittOOr Urban Pol'lce Statiom ChittoOr District 2. One CC to SRI D PURNACHANDRA REDDY Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court Of A.P[OUT] 4. One spare COPY i\ HIGH COURT SRK,J DATED:31/01/2025 BAIL ORDER CRLP.No.668 of 2025 ALLOWED