Andhra Pradesh High Court - Amravati
Cholla China Babu vs State Of Andhra Pradesh on 4 December, 2020
[3240] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTH DAY OF DECEMBER, ene TWO THOUSAND AND TWENTY gion Ss, :PRESENT: Between: Cholla China Babu, S/o Raja Rao, aged 28 years, R/o.Munipalli, Nidadavole Mandal, West Godavari District .. .Petitioner/Accused No.2 AND State of Andhra Pradesh, Rep by its Public Prosecutor, High Court Buildings, Amaravati ...Respondent/Complainant Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Couit may be pleased to enlarge the Petitioner/Accused No.2 on bail in the event of his arrest in connection with ~ Crime No.163/2020 of Special Enforcement Bureau, Tanuku, Bhimavaram Excise District, West Godavari District. The petition coming on for hearing, upon perusing the memorandum of grounds of criminal petition and upon hearing the arguments of Sri Bolla; Venkata Rama Rao, Advocate for the Petitioner and Additional Public Prosecutor for the Respondent, the Court made the following. ORDER:
( f A wen THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.5473 OF 2020 ORDER:-
This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.)} to grant pre-arrest bail to the petitioner/A-2 in the event of his arrest in connection with Crime No.163 of 2020 of Special Enforcement Bureau, Tanuku, registered for the offence punishable under Section 34(a) of the A.P.Excise Act.
2. Heard Sri B.V.Rama Rao, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State.
3. It is the case of the prosecution that on 22.10.2020, the Inspector of Special Enforcement Bureau found A-1 with 49 liquor bottles and A-1 confessed that the said liquor bottles were sold by the petitioner herein, who is working as salesman in the government retail outlet bearing GSL No.WG/128 at Munipalli village. The Inspector arrested A-1 and seized liquor bottles. Basing on the said confession, the petitioner herein is arrayed as A-2.
4. Learned counsel for the petitioner would submit that the petitioner is unconnected with the said crime and false case is foisted against him. He submits that there is one supervisor and two salesmen working in every Government liquor outlet. Supervisor is responsible for the stock in the shop, whereas the petitioner herein is only a salesman in the Government liquor OT i akwoNns> outlet. He further submits that only on the basis of the said confession made by A-1, the petitioner is falsely implicated in this case and that he is innocent and he is ready to cooperate with the Investigating Officer.
5. Learned Additional Public Prosecutor submits that - investigation in this case is still pending.
6. There is nothing forthcoming to show that if the petitioner is enlarged on bail, he may interdict the investigation process and influence the witnesses and tamper with the evidence. The entire material evidence is seized by the police. Taking this into consideration, this Court deems it appropriate NO | Brant pre- arrest bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. In the event of arrest of the petitioner/A-2 in connection with vale No.163 of 2020 of Special Enforcement Bureau, Tanuku, the petitioner/A-2 shall be released on bail on execution of self bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer of Special Enforcement Bureau, Tanuku. The petitioner shall cooperate with the investigation. SD/- K.Tata Rao ASSISTANT REGIST HTRUE COPY// | For ASSISTANT REGISTRAR The Inspector, Special Enforcement Bureau, Tanukuk, WestiGodavari District. / The Station House Officer, Excise, Bhimavaram, West Godavari District. One CC to Sri. Bolla Venkata Rama Rao, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy HIGH COURT LK,J DATED:04/12/2020 ORDER CRLP.No.5473 of 2020 ALLOWED