Co-accused confessional statements are inadmissible for bail considerations under IPC and cannot implicate others due to evidentiary standards.

JUDGMENT :

Y. LAKSHMANA RAO, J.

1. The Criminal Petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity [the BNSS ]) by the petitioner for granting of pre-arrest bail in connection with Crime No.167 of 2025 of Muttukur Police Station, Sri Potti Sriramulu Nellore District, registered for the alleged offences punishable under Sections 409 , 417, 465, 467, 471,120(b), 109, 506(2), 386 r/w 34 of INDIAN PENAL CODE (for short [the IPC]).

2. Facts, in brief, of the case are that the de-facto complainant is the owner of F.S. transport. Accused *No.1, who was elected as Member of Legislative Assembly was involved in all the illegal activities by using his designation. With strong support of Accused No.1, Accused Nos.2 to 9 planned to cheat the container transporters with an intention to wrongful gain and started three associations in the month of August, 2021 and maintained offices in the vacant place of Nadavala Sekhar. They increased transport charges with their own interest and issued orders to the owners of the containers. In continuation of this practice, on 11.04.2022, they issued orders to pay the increased charges on the name of KCPT transport association. Accused Nos.2 to 9 cheated and collected huge amount from the owners and issued fake bills and extorted amount from other transport owners. While the drivers refused to pay the charges, the accused threatened them with dire consequences. They started illegal business and collapsed the system .with an intention to gain huge money and degrade the honor of Krishnapatnam port. Hence, the case was registered.

-

3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

4. Sri C.Subodh, learned counsel for the petitioner submits that the petitioner has not committed any offence and he was falsely implicated in this case. The petitioner would abide by any condition to be imposed by this court.

5. Per contra, Ms. P.Akhila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the petitioner has indulged in the offence highhandedly, there is prima-facie case is made out against the petitioner; some more material witnesses have to be examined; investigation is not completed; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition.

6. As seen from the record, it appears that there are disputes in between two associations, one is, Krishnapatnam Transport Association and the other is, Krishnapatnam Container Transport Owners Association. The latter one was old. The Krishnapatnam Transport Association, members three in number, were induced into Krishnapatnam Container Transport Owners Association. The alleged transactions occurred in between 2021-2023. Even as per the case of the prosecution, it is the incident originated in the year 2021. F.I.R was lodged on 07.06.2025. The main accused/Accused No.1 was enlarged on regular bail by the learned IV Additional Judicial Magistrate of First class, Nellore, in Criminal Miscellaneous Petition No.927 of 2025 in Crime No.167 of 2025 of Muthukuru Police Station on 10.07.2025.

-

7. The object of the above mentioned two Associations is to help the members in getting maximum rates to their services as pert clause 7 (3) of the Memorandum of Association. It is the allegation of the prosecution that the petitioner and other accused created their own check post and there was no check post as per the directions