APHC010253182026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4005/2026 Between:

1. K BHASKAR, S/O. K. KAILASAM, AGED ABOUT 46 YEARS,R/O.

DOOR NO. 2-1/C1, MANGADU VILLAGE AND POSTNAGARI MANDAL, CHITTOOR DISTRICT ...PETITIONER/ACCUSED AND

1. THE STATE OF ANDHRA PRADESH, ,REP BY ITS STATION HOUSE OFFJCER, PROHIBITION AND EXCISE POLICE STATION,NAGARI, CHITTOOR DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI.

...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:

1. KANDERI CHETHAN Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4005 of 2026

ORDER :

The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.3, for granting of pre-arrest bail in connection with Crime No.6 of 2026, on the file of Prohibition and Excise Station, Nagiri, registered for the alleged offences punishable under Sections 7(B) r/w 8(A), 8(B), 8(C) of the Andhra Pradesh Prohibition (Amendment) Act, 1995.

2. Heard Sri Kanderi Chethan, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State.

3. The case of the prosecution in brief is that on 10.03.2026 at about 10:00 A.M., the Inspector and Sub-Inspector of Prohibition and Excise, Nagiri, along with staff, while conducting routine watch, reached Mangadu dumping yard on Kakavedu to Iruguvai road and found A1 on a two wheeler with a brown bag containing 20 litres of ID liquor intended for sale. On seeing the police, A1 tried to escape but was caught, and on enquiry he stated in the presence of mediators that A2 (Thangaraju) had given him the liquor and the vehicle to deliver it to his house. It was further revealed that A2 had purchased the ID liquor from petitioner/A3. The Excise officials seized the 20 litres of ID liquor along with the two wheeler bearing registration No.TN 12-R-7765 under cover of panchanama, registered Crime No.6/2026 under the A.P. Prohibition Act, and sent a sample of 180 ml to the Chemical Examiner for analysis.

4. Learned counsel for the petitioner would submit that the present case is lodged against the petitioner/A3 basing on the confession statement of the co- accused and that no contraband was seized from his possession. It is further submitted that the petitioner/A3 is in no way concerned with the crime. Learned counsel for the petitioner would further submit that the petitioner is the sole breadwinner of his family. He would further submit that the petitioner is ready to furnish sureties to the satisfaction of the Court and undertakes to abide by any conditions that may be imposed by this Court.

5. Learned Assistant Public Prosecutor vehemently opposed the petition and submitted that prima facie allegations are made out against the petitioner/A3. She would further submit that there are three antecedents against the petitioner/A3. It is further submitted that the investigation is still pending and if the petitioner/A3 is granted anticipatory bail, there is every likelihood of tampering with evidence, influencing witnesses, and committing similar offences. Hence, she prayed for dismissal of the petition.

6. Considering the submissions made and on perusal of the material on record, though the learned counsel for the petitioner contends that the case rests only on the confession of co-accused and that no contraband was seized from the petitioner, the prosecution has pointed out that there is prima facie material indicating the involvement of the petitioner in the offence. It is also noted that there are three antecedents against the petitioner/A3. Further, since the investigation is still pending, granting anticipa