APHC010021112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 328/2026 Between: 1. BALINA SURESH, S/O.SATYANARAYANA,AGED 30 YEARS, OCC AGICULTURE,R/O. H.NO.1-21, JAGANNADHAPURAM VILLAGE,KORUKONDA MANDAL, EAST GODAVARI DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of A.P., through Prohibition and Excise Station,Korukonda, East Godavari District, at Nelapadu,Amaravathi, Guntur District. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to allow the petition and consequently to grant anticipatory bail, directing the Prohibition and Excise Police Station, Korukonda, East Godavari District to release the Petitioner/Accused involved in Crime No.430 of 2025 of Prohibition and Excise Police Station, Korukonda, East Godavari District in the event of his arrest and to pass Counsel for the Petitioner/accused: 1. BABUJI TENNETI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: This instant Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner/Accused aggrieved by the Order dated 07.01.2026 passed in Crl.M.P.No.02/2026 by the Learned V Additional District and Sessions Judge, East Godavari District, Rajamahendravaram. Heard learned counsel for the Petitioner and learned Assistant Public Prosecutor for respondent State. Perused the material on record. Learned counsel for the Petitioner would submit that based on the complaint given by de facto Complainant against the Petitioner/Accused, he is falsely implicated in the present crime and that the present crime is registered for statistical purpose and even the petitioner is not present at the time of the offence. On the other hand, learned Assistant Public Prosecutor on instructions would submit that the petitioner is absconded after registration of the crime and even till date, the police could not apprehend him and that there is prima facie material against the petitioner to believe the complicity of the petitioner in commission of the offence and that investigation is not yet completed and the offence registered against the petitioner is under the provisions of Andhra Pradesh Prohibition Act, 1995. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 3 Considering the submissions made and as rightly put by learned Assistant Public Prosecutor, Petitioner is not cooperating for investigation and the crime is still under investigation and it is not a fit case to grant anticipatory bail to the Petitioner. Accordingly, this Criminal Petition is dismissed. Pending applications, if any, shall stands closed. Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 20.01.2026 Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 328 of 2026 20.01.2026 Mjl/*