Anticipatory bail under Section 438 Cr.P.C. should be granted sparingly, especially in serious cases involving potential conspiracy and where custodial interrogation is necessary for investigation.

ORDER :

(T. Mallikarjuna Rao, J.)

1. This Criminal Petition, under Sections 438 of Cr.P.C., has been filed by the petitioner/A2, seeking anticipatory bail, in Crime No.180 of 2021 of Pithapuram Rural Police Station, East Godavari District.

2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 20(b)(ii)(B), 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').

3. The Prosecution's case, in brief, is that on 20.10.2021 at about 06.00 p.m., on receiving credible information about illegal transportation of ganja, the SI of police Pithapuram Rural Police Station rushed to Marvadi shed, state highway no:173 at Jalluru village, Pithapuram Mandal and at about 02.00 pm, while they were conducting vehicle search, they observed one white coloured Mahindra Bolero Car bearing No.AP05 BL 5979 was coming from Samalkota side towards Pithapuram side, stopped at some distance from the police party and tried to turn back the Car, Police party chased the car, at that time, four persons got down the car and fled away towards western side fields and the car driver i.e., A.1 also tried to escape from the scene of offence and the Police apprehended him and seized Ganja of about 2.675 grams, one cell phone with Sim, cash of Rs.20,000/- and while coloured Mahindra Bolero car from the possession of A.1 under the cover of mediators report and recorded the A.1's confession statement, who issued the mobile Nos. 89859 96701 and 63059 69690 of A.2. Based on the mediators' report, the case in above crime was registered against the Petitioner and other Accused persons.

4. Learned counsel for the Petitioner contends that even according to the case of the prosecution, the petitioner herein was not apprehended at the scene of offence and the present case was registered against the petitioner based on suspicion; the alleged contraband is not commercial quantity; the Petitioner is breadwinner of the family and his presence is very much required and there is no requirement of his presence for custodial interrogation; entire investigation has completed.

5. Learned Assistant Public Prosecutor has filed a counter affidavit, contending that A.1 has confessed that they seized ganja was purchased from Petitioner/A.2. During the investigation, the officer secured the CDRs of A.1, wherein, it is clear that Petitioner/A.2 is in continuous touch with A1. Learned Assistant Public Prosecutor further submits that the Petitioner/A.2 is also involved in two other NDPS cases, two attempt to murder cases, IA Act, and one security case under section 108 of Cr.P.C in Visakha Agency Area. In support of the same, copies of the CDRs and F.I.R., are also placed. Learned Assistant Public Prosecutor further submits that he is a habituated offender; the investigation is at a crucial stage, and a charge sheet has not yet been filed. Hence, he prayed to dismiss the anticipatory bail application.

6. I have heard both sides. Learned counsel on both sides reiterated their submissions on par with the contentions presented in the petition as well as in the counter-affidavit.

7. It is trite law that the power to grant a pre-arrest bail under Section 438 of the Cr.P.C., is extraordinary in nature and is to be exercised sparingly. Thus, pre-arrest bail cannot be granted in a routine manner. The Hon'ble Apex Court, adverting to its previous precedents, has discussed the parameters to be considered while considering pre-arrest bail applications, in the case of State of P. v. Bimal Krishna Kundu, (1997) 8 SCC 104, has held as under:

"8. A three-Judge Bench of this Court has stated ip Pokar Ram v. State of Rajasthan [(1985) 2 SCC 597 : 1985 SCC (Cri) 297 : AIR 1985 SC 969] : (SCC p. 600, para 5)

"5. Relevant considerations governing the court's decision in granting anticipatory bail under Section 438 are materially different from those when an application for bail by a person who is arrested in the course of investiga