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2026 DAILYLAW 15927 (AP)

Balina Suresh v. The State of Andhra Pradesh

CRLP/674/2026 · 2026-02-08

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010044052026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: Between: 1. BALINA SURESH, S/O. SATYANARAYANA,AGED 30 YEARS, OCC AGICULTURE,R/O. H. NO. 1 VILLAGE,KORUKONDA MANDAL, EAST GODAVARI DISTRICT. 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. 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 Courtmay be pleased to allow the petition and consequently to grant anticipatory bail, directing the Prohibition and Excise Police Station, Korukonda, East Godavari D 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: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 674/2026 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 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, ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be 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 Counsel for the Petitioner/accused: for the Respondent/complainant: IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA BALINA SURESH, S/O. SATYANARAYANA,AGED 30 YEARS, OCC 21, JAGANNADHAPURAM VILLAGE,KORUKONDA MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, Rep. ...PETITIONER/ACCUSED 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, ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to allow the petition and consequently to grant anticipatory bail, directing the Prohibition and Excise istrict 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 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 674/2026 ORDER:- The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused on anticipatory bail in Crime.No.430 of 2025 of Prohibition and Excise Police Station, East Godavari District, registered against the Petitioner herein for the offences punishable under Section 7-B read with 8-A of A.P.Prohibition Act, 1995. 2. Heard Ms.Babuji Tenneti, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. Perused the record. 3. This is the 2nd bail application of petitioner/accused. Earlier this Court dismissed the bail application filed by the petitioner/accused vide Crl.P.No.328 of 2026, dated 20.01.2026. 4. The learned Assistant Public Prosecutor on behalf of the State would submit that there is no change of circumstances from the date of dismissal of the bail application of the petitioner vide Crl.P.No.328 of 2026, dated 20.01.2026. The contraband involved in the present case is in large quantity i.e., 600 liters of FJ Wash. She finally submits that the petition is liable to be dismissed. 5. Considering the nature and gravity of allegations levelled against the Petitioner, the alleged role played in this case and there is no change of circumstances from the date of dismissal of the previous bail application of the petitioner vide Crl.P.No.328 of 2026, dated 20.01.2026, this Court is not inclined to enlarge the Petitioner on bail at the present time. 6. In the result, the Criminal Petition is dismissed. However, the petitioner/accused is at liberty to surrender before the concerned Court within a period of one (01) week from the date of receipt of copy of this order, and move an appropriate application before the Court concerned. The learned Jurisdictional Court is directed to dispose of the said application in accordance with law, on its own merits by giving due and sufficient opportunity to the learned Public Prosecutor concerned, and pass appropriate orders as expeditiously as possible. As a sequel thereto, the interlocutory applications, if any, pending in the Criminal Petition shall stand closed. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 09.02.2026 KKV