APHC010006182026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3520]

(Special Original Jurisdiction)

FRIDAY, THE SIXTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 86/2026 Between:

1. MARISETTY DURGA PRASAD, PIDIMGOYYI VILLAGE, RAJAMAHENDRAVARAM RURAL AND MANDAL, RAJAMAHENDRAVARAM ...PETITIONER/ACCUSED AND

1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravathi ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to enlarge the petitioner on bail in the event of her arrest in Crime No.400 of 2025dated 07.11.2025, on the file of the Proh. Excise Station Rajamahendravaram SOUTH, East Godavari District and pass Counsel for the Petitioner/accused:

1. KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION No.86 of 2026 ORDER:

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 was raid near water tank, Kancharla Street, Rajamahendravaram Rural Mandal in the presence of mediators, and raid party found one female person was collecting money and giving I.D. liquor in white plastic packets and the persons were consuming the said I.D. liquor. In the presence of mediators seizure was affected. Accused Nos.1 and 2 were arrested on the spot and as per their confession they were procuring the same from the Petitioner/Accused No.3 herein and the quantity seized is 22 litres.

6. The Petitioner / Accused No.3 denied all the allegations.

7. Learned counsel for the petitioner would submit that except inadmissible confession of the co-accused, there is no other material to connect the Petitioner/Accused No.3 to the alleged offence and the Petitioner is law abiding citizen and ready to offer surety for his presence for all the legal proceedings and he has permanent roots in the society and he will be abide by any of the conditions that may be imposed.

8. Learned Public Prosecutor would submit that the supply of I.D. liquor is from the Petitioner/Accused No.3. Therefore, the Accused No.3 does not deserve grant of pre-arrest bail. However, he would submit that as per his information, there are no criminal antecedents in respect of the Petitioner/Accused No.3.

9. Upon considering the facts and circumstances of the case, the nature and depth of allegations, although it is said that some part of investigation is still pending, the prayer of the Petitioner for grant of pre-arrest bail found not objectionable, however, imposing reasonable conditions while granting the relief found necessary.

10. In the result, the Criminal Petition is allowed, on the following conditions:

1) The Petitioner/Accused No.3 shall be released on bail in the event of his arrest in respect of Crime No.400 of 2025 of Prohibition and Excise Police Station, Rajamahendravaram South, East Godavari Dis