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High Court of Andhra Pradesh · body

2025 DAILYLAW 48017 (AP)

P. RAGHUVEER v. THE STATE OF ANDHRA PRADESH

CRLP/4349/2025 · 2025-05-05

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAt|^^^ TUESDAY, THE SIXTH DAY OF MAY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4349 OF 2025 V y Between: P.Raghuveer, R/o. Jayappa, Aged 32 Years, R/o. D.N0.II-D, Gollahatti Madakasira, Madakasira, Kothagundumala, Ananthapuram District. ...Petitioner/ Accused N0.3 AND The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent/ Complainant Petition under Section 482 of BNSS, 2023 and Under Section 438 of Cr.P.C is filed praying that in the circumstances stated in memorandum of grounds of Criminal Petition, the High Court may be pleased to grant anticipatory Bail to the petitioners by directing the Station House Officer, Prohibition and Excise Police Station Madakasira, Sri Satya Sai District (Erstwhile Anathapuram District), to release the petitioners/Accused No.3 on bail in the event of their arrest in connection with Crime No. 106 of 2025 of Prohibition and Excise Station Madakasira, Sri Satya Sai District (Erstwhile Anathapuram District); The petition coming on for hearing, upon perusing the Petition and memorandum of grounds of criminal petition and upon hearing the arguments of Sri Ramakrishna Akurathi, Advocate for the Petitioner and Public Prosecutor for the Respondent; THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4349 of 2Q2fi ORDER:- The Criminal Petition, under Section 482 of the BNSS, is filed on behalf of the petitioner herein/AS to grant anticipatory bail in connection with Crime No. 106 of 2025 of Prohibition and Excise Station, Madakasira, Sri Satya Sai District. The above said crime was registered against the petitioner and others for the offence punishable under Section 7 read with 8(b)(i) of the A.P.Prohibition Act, 1995 and Section 34(a) of the A.P. Excise (Amendment) Act, 2020. Brief facts of the case are that, on 14.04.2025 at 08.30 a.m., on reliable information, the Inspector of Prohibition & Excise along with his staff, rushed to Madakasira to Pavagada bus road, and found A1 and A2 in possession of 31.32 liters of Liquor. On enquiry, they revealed that they purchased the said Liquor from A3. The contraband was seized under the cover of special report and a case was registered against the accused. Heard. Perused the record. Learned counsel for the petitioner submits that basing the confessional statement of co-accused, the petitioner herein is arrayed as accused. Except the said confessional statement 2. 3. 4. 5. on 2 no material has been collected showing the involvement of the petitioner in the commission of the offence. On the other hand, learned Assistant Public Prosecutor 6. vehemently opposed the grant of bail to the petitioner herein. He further submits that the petitioner has no previous criminal antecedents. The petitioner herein is arrayed as accused based on the 7. confessional statement of co-accused and it is submitted that the petitioner herein had permanent abode and there is no possibility of his fleeing away from the justice and most of the witnesses are official witnesses and release of the petitioner would not cause hampering of investigation and hence, this Court is inclined to grant anticipatory bail to the petitioner herein. on the following conditions; (i) The petitioner/A3 is directed to surrender before the Station House Officer concerned, within a period of two (2) weeks from the date of receipt of a copy of this order. On such surrender, the petitioner/A3 is ordered to be enlarged on bail on his executing a personal bond for Rs. 10,000/- (Rupees ten thousand only) with one surety for the like sum to the satisfaction of the Station House Officer concerned. 3 (ii) On release, the petitioner shall Station House Officer, every Sunday between 10.00 AM period of two (2) months, (iii) The petitioner shall appear before the concerned, once in a week i.e.. on and 01.00 PM for a make himself available for investigation as and when required and that he shall not any threat, inducement or promise to the prosecution cause witnesses. 8. Accordingly, the Criminal Petition is allowed. SD/- M.SRINIVAS ASSISTANFR ISTRAR //TRUE COPY// SECTION OFFICER For A To, 1. The Judicial 1®‘ Class Magistrate 2. The Station House Officer, Prohibition and Excise Police Station Madakasira, Sri Satya Sai District (Erstwhile Ananthapuram District) 3. One CC to Sri. Ramakrishna Akurathi, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of AP [OUT] 5. One spare copy MM HIGH COURT TMR,J DATE 0:06/05/2025 ORDER CRLP.No.4349 of 2025 MW affl ^ ALLOWED O o m X