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2025 DAILYLAW 44921 (AP)

AKKI ANJAIAH GOWD v. THE STATE OF ANDHRA PRADESH

CRLP/3874/2025 · 2025-04-24

T Mallikarjuna Rao

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA' FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAN TWENTY FIVE iPRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RA CRIMINAL PETITION NO: 3874 OF 2025 / Between: Akki Anjaiah Gowd, S/o Akki Jagannadham Gowd, age; 50 years H.NolO-3-313/16/17, Flat No-IE Vishnu Sai Appartment, PS Nagar, Vijay Nagar Colony, Asifnagar, Telangana Circle-29, Hyderabad. Petitioner/Accused AND The State of Andhra Pradesh, Rep by the Public Prosecutor, High Court Buildings, Amaravathi Respondent/Complainant Petition under Sections 482 of BNSS (old 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 release of the petitioner/accused on bail in the event of his Arrest in connection with Crime No. 38/2025 dated 21.02.2025 on the file of Prohibition & Excise Station, Rayadurg, Ananthapuramu District. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s. PILLIX LAW FIRM, Advocate for the Petitioner and of PUBLIC PROSECUTOR for the Respondent and the Court made the following; APHC010177902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY. THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3874/2025 Between: Akki Anjaiah Gowd ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.PILLIX LAW FIRM Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/Sec.482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/accused seeking anticipatory bail, in Crime No.38/2025 of Prohibition and Excise Station, Rayadurg, Anantapuramu District. A case has been registered against the petitioner and another for 2. the offence punishable u/Sec.22(b) r/w 8(c) of NDPS Act. Heard learned counsel for the petitioner and the learned 3. Assistant Public Prosecutor representing the respondent/State. 2 4. Case of the prosecution, in brief, is that, on 20.02.2025 at about 4.30 pm, on receipt of credible information, the Excise Sub Inspector along with staff and mediators reached Survey no.168/82, TCS Depot, Indiramma ward, Rayadurgam Town and found one male person selling toddy. On enquiry, he disclosed his identity particulars as that of Accused and police found 2 plastic drums with 100 liters capacity and they found 40 liters of toddy in one drum and 80 liters in another On testing of toddy, police found that it was adulterated with drum. Alprazolam drug and police also found eight grams of Alprazolam drug in his possession. He was arrested and remanded to judicial custody. He confessed the involvement of this petitioner in the commission of the offence. Heard. Perused the record. 5. Learned counsel for the petitioner submits that according to the of the prosecution only basing on the confession, the petitioner is direct involvement of the 6. case arrayed as an accused and there is no petitioner in the commission of the offence and prays to allow the criminal petition. Prosecutor submits that the investigation is at crucial stage in this case and prays to dismiss the criminal petition. Public 7. Learned Assistant « / 3 • As seen from the material available on the record, basing on the 8. confession statement of co-accused, the petitioner was arrayed as an accused in this crime. Even according to the case of the prosecution, no contraband has been seized from the possession of the petitioner. It seems that the case against the petitioner rests on the confession statement of co-accused and no independent material has been collected showing the involvement of the accused in the commission of the offence. It is submitted that the other accused in this crime were enlarged on regular bail and granting of anticipatory bail to the petitioner would not affect the case of the prosecution. The petitioner has permanent abode at Asifnagar, Telangana State, as such there is no possibility of his fleeing away from the justice, witnesses are official witnesses, as such there is no possibility of Most of the When hampering of investigation and tampering of evidence, ascertained, learned Public Prosecutor submitted that there are no antecedents reported against the petitioner. Accordingly, the petitioner is directed to surrender before the concerned police station within a period of two (02) weeks from the date of receipt of a copy of the order and on his surrender the petitioner shall be released on bail on his executing a personal bond for a sum of Rs. 10,000/- (Rupees ten thousand only) with one surety for a like sum 9. 4 each to the satisfaction of the arresting police officials and the petitioner shall make himself available for investigation as and when required and he shall not cause any threat, inducement or promise to the prosecution witnesses. 10. Accordingly, the Criminal Petition is allowed. SDI- K.J.RAJA BABU STRAR ASSISTANT SECTION OFFICER //TRUE COPY// Fo To, 1. The Judicial First Class Magistrate, Rayadurg The Station House Officer, Prohibition & Excise Station, Rayadurg, Ananthapuramu District One CC to M/s. PILLIX LAW FIRM Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy 2. r--’ 3. 4. 5. KJ HIGH COURT / TMR,J DATED:25/04/2025 BAIL ORDER CRLP.No.3874 of 2025 ALLOWED m: 05 05/ IIX