THE HON'BLE SRI JUSTICE T. VINOD KUMAR

W.P.No.40893 OF 2015

O R D E R:

By this writ petition, the petitioner has assailed the

action of the 3^rd respondent in adjudging him for imprisonment for four months and 12 days i.e., from 30.11.2015 to 11.04.2016 by passing order vide proceedings No.12/2015, dt.30.11.2015, for default of payment of Rs.1 lakh, on the ground that he has violated the bond, which was alleged to have been executed by him under Section 110 of Cr.P.C. in connection with COR.No.479/2015-16, dt.15.10.2015, basing on the report submitted by the 6th respondent claiming that the petitioner had involved himself in a case vide COR.No.527/2015-16, dt.13.11.2015, after executing such bond and releasing the petitioner from jail after collecting the bond amount of Rs.1 lakh, as being illegal, arbitrary, unjust, in violation of principles of natural justice and in violation of Articles 14, 21 & 300A of the Constitution of India, with a consequential relief of setting aside the proceedings of the 3rd respondent vide No.12/2015, dt.19.11.2015 and dt.30.11.2015 and to direct the

respondent Nos.3 & 4 to return the amount of Rs.1 lakh collected forcibly to release the petitioner from jail.

2. Heard learned counsel for the petitioner, learned Government Pleader for Proh. & Excise, learned Government Pleader for Revenue appearing for respective respondents and perused the record.

3. The case of the petitioner, in brief, is that he is eking out his livelihood by driving auto; that his entire family is dependent on his earnings; that the 3^rd respondent had called the petitioner and forcibly obtained his signatures on some papers; that having obtained signatures on blank papers, it is now alleged that he had entered in to bond on 16.10.2015 for maintaining good behaviour before the 3^rd respondent in connection with COR.No.479/2015-16 vide MC.No.4/2015 for an amount of Rs.1 lakh; that the 3^rd respondent on the instructions of the 6th respondent used to obtain the signatures from villagers, alleging that they are involved in excise & prohibition offences; and that the 3^rd respondent in a usual manner obtained petitioner's signatures on white and printed papers, which was subsequently manipulated to claim of the petitioner having executed bond for the said amount.

4. It is the further case of the petitioner that subsequently the 6th respondent claiming that the petitioner and another person had manufactured and sold liquor at Palvancha Town, had registered case vide COR.No.527/2015-16, dt.13.11.2015, for offences punishable under Section 7(A)

read with 8(e) of AP Prohibition Act, 1995.

5. Petitioner further contended that on the 6^th respondent registering the aforesaid case, submitted a report to the 3rd respondent informing of the petitioner having committed breach of bond executed by him on 16.10.2015 to maintain good behaviour by involving in commission of the crime vide COR No.527/2015-16 on 30.11.2015; and that based on the aforesaid report, the 3^rd respondent had issued proceeding bearing No.12/2015,dt.19.11.2015, ordering the petitioner to pay a sum of Rs.1 lakh for violation of the bond executed by him within a period of one week, failing which the petitioner was informed that he would be liable to be committed to prison, for default in such payment.

6. Petitioner also contended that as he is eking out his livelihood by driving auto and other menial works, could not pay the amount as ordered by the 3^rd respondent vide order, dt.19.11.2015, upon which the 6th respondent had arrested him on 30.11.2015 and sent him to District Jail, Khammam on 30.11.2015 for undergoing imprisonment of four (04)months and 12 days i.e., from 30.11.2015 to 11.04.2016.

7. It is the further case of the petitioner that on the 6th respondent arresting the petitioner and sending him to District Jail at Khammam, his family members, who are uneducated, approached the 3^rd and 6^th respondents, who instigated the family members to pay the amount of Rs.1 lakh as mention