ANDHRA PRADESH HIGH COURT AT AMARAVATHI
Lalitha Kanneganti, J.
Eddala Venkata Reddy - Appellant
Versus
State of Andhra Pradesh - Respondent
Criminal Petition No. 3360 of 2021
Decided On : 02-07-2021
Pre-Arrest Bail - Offences under IPC and Andhra Pradesh Excise Act - The court refused to grant pre-arrest bail to the petitioners based on the role attributed to them in the alleged illegal sale of liquor, but allowed them to surrender before the Court below and move an application seeking bail.
Fact of the Case:
The petitioners sought pre-arrest bail in connection with a case involving offences under Sections 188, 269 of the Indian Penal Code, 1860 and Sections 34(a) of Andhra Pradesh Excise Act (Amendment 2020). The police apprehended accused No.1 for selling liquor bottles, which were brought by accused No.2 and 3.
Finding of the Court:
The court refused to grant pre-arrest bail to the petitioners based on the role attributed to them in the alleged illegal sale of liquor, but allowed them to surrender before the Court below and move an application seeking bail.
Issues: The main issue was whether the petitioners were entitled to pre-arrest bail in connection with the alleged illegal sale of liquor.
Ratio Decidendi: The court considered the role attributed to the petitioners and their alleged involvement in the illegal sale of liquor in deciding not to grant pre-arrest bail.
Final Decision: The Criminal Petition was disposed of, allowing the petitioners to surrender before the Court below and move an application seeking bail.
JUDGMENT
Lalitha Kanneganti, J. - This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') to grant pre arrest bail to the petitioners/A-2 and A-3 in the event of their arrest in connection with Crime No.102 of 2021 of Atchampet Police Station, Guntur District, for the offences punishable under Sections 188, 269 of the Indian Penal Code, 1860 (for short 'I.P.C.') and Sections 34(a) of Andhra Pradesh Excise Act (Amendment 2020).
2. On 29.05.2021, on receipt of credible information, police personnel along with mediators went into the buddi shop of accused No.1, which is situated near Anjaneyaswamy statue, Cherukupalem village, Atchempeta Mandal. On seeing the police, accused No.1 tried to skulk away, then the police apprehended her and on enquiry, she confessed that she is selling liquor bottles and the same were brought by accused No.2 and 3.
3. Heard Sri G.Raju, learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-State.
4. Learned counsel for the petitioners submit that the petitioners have not committed the offence as alleged and they have falsely implicated in this case and they submit that they are ready to cooperate with the investigation.
5. Learned Additional Public Prosecutor on the other hand submits that the petitioners are not entitled for pre arrest bail because at the behest of the petitioners, accused No.1 was selling liquor illegally.
6. Taking into consideration the role attributed to the petitioners, this Court is not inclined to grant pre-arrest bail to them. But however, the learned counsel for the petitioners submit that the petitioners are ready to surrender before the Court below and move an application seeking bail. On such application if any filed, the Court below shall consider the said application on the same day, in accordance with law.
7. Accordingly, this Criminal Petition is disposed of.
8. Consequently, miscellaneous applications pending, if any, shall stand closed.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.