The main legal point established in the judgment is the application of Section 438 of the Code of Criminal Procedure, 1973, allowing pre-arrest bail based on the reasonable belief of imminent arrest by the police.

JUDGMENT

Venkateswarlu Nimmagadda, J. - This criminal petition under Section 438 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') is filed seeking pre-arrest bail to the petitioner in the event of his arrest in connection with Crime No.112 of 2021 of Halaharvi Police Station, Kurnool District.

2. The petitioner is a-2 in the above crime. a case under Section 34(a) of the a.P. Excise (amendment) act, 2020 is registered against the petitioner along with other accused.

3. It is the case of the prosecution that on 20.03.2021 at about 06.10 a.M., upon credible information, police reached the scene of offence at LLC Canal Bridge, outskirts of Bagapuram Village, Halaharvi Mandal and two motor cycles were coming from Sindhuvalam Village of Karnataka State. after seeing the police, they tried to escape by turning the vehicles. On examination of the caught hold person, who is a-1, a-1 stated about a-2 and he also confessed that they are selling Karnataka State liquor. Police seized two motorcycles and 8 carton boxes of 768 Karnataka State original choice whisky 90 ml tetra pockets. Therefore, it is stated that the petitioner along with other accused has committed the aforesaid offence.

4. Heard learned counsel for the petitioner and the learned assistant Public Prosecutor for the State.

5. Learned counsel for the petitioner submits that admittedly the petitioner herein is not apprehended when he was selling liquor or when he was in possession of any such liquor. It is only on the basis of the disclosure statement said to have given by a-1 stating that the person who ran away from the scene of offence is the petitioner herein and as such the petitioner is implicated as an accused in this case. Therefore, he would pray for grant of pre-arrest bail to the petitioner.

6. Learned assistant Public Prosecutor for the State submits that a-1 was caught hold at the scene of offence along with the subject material i.e., Karnataka State liquor as stated supra. Though a-2 ran away from the scene of offence, he is involved in the present crime and he is not eligible for grant of pre-arrest bail and also suggested that let there be a direction to surrender before the Court below.

7. Having viewed the facts and circumstances of the case, this Court is prima facie satisfied that the apprehension of the petitioner of an imminent arrest by the police is well founded and appears to be based on the reasonable belief.

8. accordingly, the criminal petition is allowed. In the event of his arrest in connection with the above crime, the petitioner shall be released on bail on the condition of executing a self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer of Halaharvi Police Station, Kurnool District, without fail.

9. Miscellaneous applications, pending if any, shall stand closed.