Andhra Pradesh High Court - Amravati
K. Venkatesh Ramesh, vs The State Of Andhra Pradesh on 20 June, 2022
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
CRIMINAL PETITION No.3472 of 2022
ORDER:
Accused No.2 in Crime No.153 of 2021 of Special Enforcement Bureau Station, Srikalahasti, Chittoor District, filed the above criminal petition under Section 438 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking pre-arrest bail.
2. The case of the prosecution is that on 10.10.2021 at about 5.00 p.m. while the SEB Inspector, SEB Sub Inspector of Police and their staff while conducting raids reached near Byrraju Kandiga Arch at Srikalahasti to KVB Puram Road and found two persons behind two cars, shifting boxes from one car to another. On seeing the SEB officials, one person fled away towards Byraju Kandriga village, on that police caught hold of another person. On enquiry by the raid party, the detained person revealed his identity as A-1 and the person, who fled away is petitioner/A-2 herein. He further stated that both of them are shifting liquor boxes brought from Karnataka state from one Car to another. SEB officials arrested A-1, seized the contraband in the presence of mediators. Basing on the same, the above crime was registered for the offences under Sections 34 (1) r/w 34(a), 11(2) and 42 of the Andhra Pradesh Excise Act.
3. Heard Sri D.Purna Chandra Reddy, learned counsel for the petitioner and learned Special Assistant Public Prosecutor for State.
4. Learned counsel for the petitioner would submit that nothing was seized from the possession of petitioner and the petitioner was not there at the scene of offence. He would further submit that basing 2 on the confession of A-1, petitioner was falsely implicated in this case and he prayed the Court to grant pre-arrest bail.
5. Per contra, learned Special Assistant Public Prosecutor, on instructions, would submit that petitioner is a habitual offender and in fact, he is involved in similar type of offences i.e. Crime No.238 of 2020 of SEB Police Station, Chittoor Rural, Crime No.60 of 2021 of Thavanampalli Police Station, Crime No.44 of 2021 of Irala Police Station and Crime No.171 of 2021 of Chittoor Taluk Police Station. He also would contend that since from the date of registration of crime, petitioner has been absconding.
6. A perusal of the panchanama would disclose that petitioner herein and A-1 were transporting liquor bottles from Karnataka State and the raid party seized liquor bottles as well as the vehicles used for transportation. While granting pre-arrest bail, the Court has to see the antecedents of the accused. As per the submission of learned Special Assistant Public Prosecutor, petitioner is a habitual offender and he is involved four similar type of offences. In view of the same, this Court is not inclined to grant pre-arrest to the petitioner.
7. Accordingly, the criminal petition is dismissed. It is made clear that the findings in this order be construed as expression of opinion only for the limited purpose of considering the bail in the above crime and shall not have any bearing in any other proceedings.
As a sequel, all the pending miscellaneous applications shall stand closed.
_________________________ SUBBA REDDY SATTI, J 20th June, 2022 PVD