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2026 DAILYLAW 8918 (AP)

Mortha Indira alias Motha Indira v. The State of Andhra Pradesh

CRLP/7394/2026 · 2026-08-31

Y Lakshmana Rao

body2026

Judgment text

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APHC010444822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7394/2026 Between: 1. MORTHA INDIRA ALIAS MOTHA INDIRA, W/0 AIJUNA RAO,HINDU, AGED 48 YEARS,R/0 CHENCHU COLANY, KONTHAMURU VILLAGE,RAJAMAHENDRAVARAM RURAL MANDALAM. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep., by its Public Prosecutor,High Court of Andhra Pradesh,At Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. B PARAMESEWARA RAO 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 for granting of pre-arrest bail in connection with Crime No.67 of 2026 of Prohibition and Excise Station, Rajamahendravaram-North, 2 Dr.YLR, J Crl.P.No.7394 of 2026 Dated 01.09.2026 East Godavari District, was registered for the alleged offence punishable under Section 7-B read with 8-B of the Andhra Pradesh Prohibition Act, 1995. 2. Sri B. Parameswara Rao, the learned counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and she has been falsely implicated by the Police. It is further submitted that the Petitioner is the sole earning member of his family and, therefore, her incarceration would cause undue hardship to her dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petition. 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of pre-arrest bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on anticipatory bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petition. 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On a perusal of the record, no similar adverse antecedents are reported against the Petitioner. The learned Counsel for the Petitioner submits that, owing to political animosity between the Petitioner and certain others, and at the behest of political leaders, a false case has been foisted against him. It is 3 Dr.YLR, J Crl.P.No.7394 of 2026 Dated 01.09.2026 further submitted that, except for the allegations contained in the Special Report, no incriminating material has been collected by the Investigating Officer in the course of investigation connecting the Petitioner with the alleged offence. 6. Having regard to the facts and the circumstances of the case, gravity and nature of the allegations levelled against the Petitioner/Accuse, this Court is inclined to grant pre-arrest bail to the Petitioner/Accused, with some stringent conditions. 7. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of her arrest, the Petitioner/Accused shall be enlarged on bail subject to her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioner/Accused shall make herself available for investigation as and when required; iii. The Petitioner/Accused 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. iv. The Petitioner/Accused shall not leave the limits of the Andhra Pradesh without the express permission from the Station House Officer concerned. v. The Petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted 4 Dr.YLR, J Crl.P.No.7394 of 2026 Dated 01.09.2026 with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. vi. The Petitioner/Accused shall surrender her passport, if any, to the Investigating Officer. If she claims that she does not have passport, she shall submit an affidavit to that effect to the Investigating Officer. _______________________ DR. Y. LAKSHMANA RAO, J Date: 01.09.2026 KMS 5 Dr.YLR, J Crl.P.No.7394 of 2026 Dated 01.09.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7394 of 2026 Date: 01.09.2026 KMS