APHC010535232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10410/2025 Between: 1. MADARAPU SURI BABU ALIAS NANI, S/O. BULLI RAJU,AGED 40 YEARS, OCC KIRANA AND JAGGERY BUSINESS,R/O. H. NO. 6-91, SRIRAINPURAM, GANAPATHI NAGARAM, DHIWAN CHERUVU, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of A.P., at Nelapadu, Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. BABUJI TENNETI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following 2 ORDER: This criminal petition has been filed, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking for granting of pre-arrest bail to the petitioner-accused No. 5 in crime No. 369 of 2025 of Prohibition and Excise Station, Rajamahendravaram South, East Godavari District, registered for the offence punishable under Section 7-B read with Section 8-B of A.P. Prohibition (Amendment) Act, 2020, on the allegation of the petitioner-accused No. 5 has been supplying Jaggery to the main offender for preparation of I.D. liquor. 2. Heard learned counsel for the petitioner-accused No. 5 and learned Assistant Public Prosecutor appearing for the respondent-State. 3. The allegation against the petitioner-accused No. 5, who is running Kirana and Jaggery business in Srirampuram, Ganapathi Nagaram, Dhiwan Cheruvu, is that he has been supplying Jaggery to the main offender for preparation of I.D. liquor. The petitioner was neither found by the investigating officer present at the scene of offence nor found preparing I.D. liquor. No contraband was seized from the possession of the petitioner. The petitioner is a permanent resident of Srirampuram, Ganapathi Nagaram, Rajanagaram Mandal, East Godavari District. He has got fixed abode. Learned Assistant Public Prosecutor submits that there are five criminal adverse antecedents reported against the petitioner. Mere pendency of criminal cases against the petitioner is not a sole ground for rejecting the request for grant of regular or pre-arrest bail as per the judgment of the Hon'ble Apex Court in Prabhakar 3 Tiwari v. State of U.P. and others1. So far, five witnesses are examined. Material portion of the investigation insofar as the alleged role played by the petitioner is concerned is completed. Chances of the petitioner threatening the witnesses or tampering the evidence or hampering the investigation may not arise. 4. Considering the facts and circumstances of the case and the nature and gravity of allegations levelled against the petitioner-accused No. 5, this Court is inclined to grant pre-arrest bail to him with the following stringent conditions: (i) In the event of arrest, the petitioner-accused No. 5 shall be enlarged on bail subject to his executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of arresting officials; (ii) The petitioner-accused No. 5 shall appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm till filing of charge sheet; (iii) The petitioner-accused No. 5 shall make himself available for investigation as and when required; (iv) The petitioner-accused No. 5 shall not cause any threat, inducement or promise to the prosecution witnesses; 1 2020 (11) SCC 648 4 (v) The petitioner-accused No. 5 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer; and (vi) The petitioner-accused No. 5 shall not leave the limits of State of Andhra Pradesh without the express permission from the Station House Officer concerned. 5. The criminal petition is accordingly allowed. _______________________ Dr. Y.LAKSHMANA RAO, J. Date: 15-10-2025, JSK 5 HONOURABLE Dr. JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION No. 10410 OF 2025 DATE: 15-10-2025 JSK