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2026 DAILYLAW 9013 (AP)

Veeramalla Shabar Kumar v. The State of Andhra Pradesh

CRLP/7045/2026 · 2026-08-31

Y Lakshmana Rao

body2026

Judgment text

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APHC010427522026 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: 7045/2026 Between: 1. VEERAMALLA SHABAR KUMAR, S/O YEDUKONDALU,AGED ABOUT 35 YEARS, R/O D. NO. 3-232,PUNYAKSHETRAM VILLAGE, RAJANAGARAM MANDAL,EAST GODAVARI DISTRICT - 533107. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor,High Court of Andhra Pradesh, at Amaravathi,Through Station House Officer, Prohibition Excise Station,Rajahmundry South, East Godavari District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SUNNI MUNEER BASHA 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.138 of 2026 of Prohibition and Excise Station, Rajamahendravaram South, East Godavari District, was registered for the alleged offences 2 punishable under Sections 7-B read with 8-A & 8-B of the Andhra Pradesh Prohibition Act, 2020 (for brevity, ‘the A.P.P Act’). 2. Mr.Sunni Muneer Basha, the learned counsel for the Petitioner, contends that the Petitioner is the innocent of the alleged offence and he has been falsely implicated by the police. It is further submitted that the Petitioner is the sole earning member of the family and, therefore, his incarceration would cause undue hardship to his 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 pre-arrest 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 perusal of the record, it is alleged that during the raid conducted by the police officials, they noticed the Petitioner/Accused stirring the contents of a plastic drum with a stick. On noticing the presence of the officers, the Petitioner allegedly fled from the scene of offence. The raid party found plastic drums containing 900 liters of FJ wash, which was fit for distillation, and also 3 50 liters of ID liquor. The Petitioner is the sole accused in this case. There are no similar adverse antecedents reported against the Petitioner. The learned counsel for the Petitioner submits that, owing to political motives, the Petitioner has been falsely implicated in this case. It is further submitted that there is no incriminating material available against the Petitioner except the self-serving statements of the prosecution witnesses recorded in the special proceedings. The Petitioner is a permanent resident of Punyakshetram Village, Rajanagaram Mandal, East Godavari District. He has got fixed abode. 6. Considering the facts and circumstances of the case, the gravity and nature of the allegations levelled against the Petitioner, the alleged role played by him in this case, this Court deems it fit to grant pre-arrest bail to the Petitioner. 7. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of his arrest, the Petitioner/Accused shall be enlarged on bail subject to his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioner/Accused shall make himself available for investigation as and when required; iii. The Petitioner/Accused shall not cause any threat, inducement or promise to the prosecution witnesses. 4 iv. 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. v. The Petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without the express permission from the Station House Officer concerned. vi. The Petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. _________________________ DR. Y. LAKSHMANA RAO, J Date: 01.09.2026 PRA 5 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7045 of 2026 Date: 01.09.2026 PRA