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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.HARI HARANADHA SARMA
Marisetty Durga Prasad – Appellant
Versus
State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. overview of the case and allegations (Para 1 , 5 , 6) |
| 2. arguments for and against bail (Para 2 , 7 , 8) |
| 3. court's reasoning regarding bail eligibility (Para 3 , 9) |
| 4. conditions for granting bail (Para 10) |
ORDER :
A. HARI HARANADHA SARMA, J.
1. This is an application filed under Section 438 of Code of Criminal Procedure, 1973, corresponding to Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of pre-arrest bail to the Petitioner, who is arrayed as accused No.3 in Crime No.400 of 2025 of Prohibition and Excise Police Station, Rajamahendravaram South, East Godavari District, which was registered with the allegations of committing the offences under Section 7-B read with 8-B of Andhra Pradesh Prohibition (Amendment) Act, 2020.
2. The Petitioner prays for a direction to release him on Bail, in the event of his arrest.
3. Heard both sides.
4. Point for determination:
Whether the Petitioner/Accused No.3 is entitled for grant of pre-arrest bail in terms of Section 482 of BNSS ? If so, on what terms?
Point:
5. The case of the prosecution, in brief, is that on credible information about transaction relating to Illicitly Distilled (I.D.) liquor, on 07.11.2025 there
The court granted pre-arrest bail under Section 438, considering the lack of substantial evidence and the petitioner's readiness to comply with investigation requirements.
Pre-arrest bail granted based on false implication and clean antecedents of the petitioner.
The court determines that prima facie grounds existed for pre-arrest bail under conditions addressing public accessibility to the site of recovery.
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 ....
Pre-arrest bail under Section 482 BNSS denied due to serious offences, prima facie evidence, and need for custodial interrogation.
The court affirms that a lack of direct involvement in the alleged crime and clean antecedents can justify granting pre-arrest bail under specific conditions.
The court emphasized that pre-arrest bail is not a safeguard for individuals allegedly involved in ongoing criminal activities, especially with prior adverse records.
Pre-arrest bail granted under specific conditions while considering allegations of false implication and the recovery of contraband.
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