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 Courtpleased to direct release the petitioner on bail in the event of his arrest pursuant to registration of Crime (FIR) No. 189 of 2020 SEB Police Station, Hindupur, pending enquiry and trial and pass

The Court made the following:

ORDER:-

1. This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of anticipatory bail to the petitioner/Accused No.2 in the event of his arrest in connection with Crime No.189 of 2020 on the file of SEB Police Station, Hindupur District, registered for the offences punishable under Sections 34(1)(ii) read with 34(a), 14, 42, and 50-B of the A.P. Excise Act, 1968.

2. The case of the prosecution, in brief, is that on 18.07.2020 at about 6:00 a.m., acting on the instructions of the Inspector of Special Enforcement Bureau, Hindupur, the Sub-Inspector along with his staff conducted raids in connection with liquor and sand- related offences. At about 9:00 a.m., while proceeding near Cheruvukatta on the Nesvandlapalli to Gorantla road of Chilamathur Mandal, they noticed two persons coming on separate two-wheelers carrying white polythene bags. On suspicion, the police attempted to stop them, but both persons abandoned their vehicles and tried to flee. One person was apprehended, while the other escaped into nearby thorny bushes. On enquiry, the apprehended person disclosed his identity as well as that of the absconding accused (the present petitioner). Upon search, the police found in each vehicle four boxes containing 96 tetra packets (90 ml each) of “Haywards Cheers Whisky,” which was non-duty paid liquor meant for sale in the State of Karnataka. Samples were drawn, sealed, and labeled for chemical analysis. The seized property and vehicles were taken into custody, and a case was registered based on the special report.

3. Heard Sri Md.Saleem, learned counsel for the petitioner and the Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State.

4. The learned counsel for the petitioner submits that the petitioner is falsely implicated in the case and has no connection with the alleged offence. It is contended that the petitioner is a daily wage worker with a permanent residence and is willing to cooperate with the investigation. It is further submitted that his arrest would cause undue hardship and humiliation to him and his family, and hence, he seeks anticipatory bail.

5. On the other hand, the learned Assistant Public Prosecutor opposed the petition, contending that the petitioner is directly involved in the offence and is absconding. It is submitted that the investigation is pending, and there is a likelihood that he may not cooperate with the investigation or may abscond if anticipatory bail is granted.

6. Upon considering the facts and circumstances of the case and perusal of the material available on record, it is evident that the petitioner, along with another accused, was allegedly found transporting prohibited liquor meant for sale in another State. On seeing the police, the petitioner fled from the spot, abandoning the vehicle and contraband. The identity of the petitioner is stated to have been disclosed by the co-accused who was apprehended. Further, as per the record, the petitioner is stated to have no permanent address and is apprehended to be a vagabond, raising concerns about his availability for investigation and trial. In such circumstances, there is a reasonable apprehension that the petitioner may evade the process of law if granted anticipatory bail. In view of the same, this Court is of the opinion that this is not a fit case for granting anticipatory bail to the petitioner.

7. Accordingly, the Criminal Petition is dismissed. However, the petitioners are at liberty to surrender before the concerned Magistrate and file an appli