APHC010502732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9893/2025 Between: Boya Balanjaneyulu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. RAJA REDDY KONETI 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.2 for granting of pre-arrest bail in connection with Crime No.366 of 2025 of Kurnool III Town Police Station, Kurnool District, registered for the alleged offence punishable under Section 7(A) read with 8(E) of the Andhra Pradesh Prohibition Act, 1995 (for short ‘the APPA’). 2 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. The allegation against the petitioner is that he was found in possession of 20 liters of illicit liquor in his vehicle. The learned counsel for the petitioner submits that the petitioner is approximately 29 years old, practices as a physiotherapist, and serves as the town president of the YSRCP youth wing in Kurnool Town. The learned counsel further submits that a false case has been foisted against him, as the petitioner was in Hyderabad at the relevant time of the alleged offence, and he has obtained CCTV footage to substantiate this claim. The learned counsel relied on the decision in M.K. Kochu Devassy vs. State of Kerala, wherein, at paragraphs 3 and 4, it was held that a search conducted under Section 54 of the Karnataka Excise Act, 1966, is illegal if the officer conducting the search does not have a reason to believe that an offence under the Excise Act is likely to be committed. The search conducted without such reasonable belief was set aside as illegal. The counsel contends that on 22.08.2025, the petitioner celebrated his birthday. Subsequently, the son of a neighboring lady, who was not engaged in any occupation, assaulted the petitioner’s children after the celebrations. The petitioner took his children to the doctor and obtained medical legal certificate (MLC). It is now alleged that the neighboring lady, a follower of the current MLA of the town, falsely implicated the petitioner under the provisions of Sections 115(2), 79, 351(2), read with 3(5) of ‘the BNSS’. No notice was issued to the petitioner since the 3 offences are punishable with imprisonment of less than seven (7) years, as per Section 35(2) of ‘the BNSS’. The petitioner approached this Court and obtained orders directing the investigating officer to comply with the provisions of Section 35(2) of ‘the BNSS’. 4. Considering the facts and circumstances, the gravity and nature of the allegations levelled against the Petitioner, this Court is inclined to grant pre- arrest bail to the Petitioner/ Accused No.2. 5. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of arrest of the Petitioner/Accused No.2, he shall be enlarged on bail subject to he executing a self-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.2 shall make himself available for investigation as and when required. iii. The Petitioner/Accused No.2 shall not cause any threat, inducement or promise to the prosecution witnesses. iv. The Petitioner/Accused No.2 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The Petitioner/Accused No.2 shall not leave the State of Andhra Pradesh limits without the express permission from the Station House Officer concerned. 4 vi. The Petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claim that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. ________________________ Dr.Y. LAKSHMANA RAO, J. Date:14.10.2025, S D P 5 HONOURABLE Dr.JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION No. 9893 OF 2025 DATE: 14.10.2025 S D P