Andhra Pradesh High Court - Amravati
Juluri Ganesh vs The State Of Andhra Pradesh on 19 August, 2021
en Bios, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 4700 OF 2021 Between: Juluri Ganesh, S/o. Subba Rao, Aged 39 years, Occ: Business, R/at Thilak Nagar, Tangellamudi, Eluru , West Godavari District. .. .Petitioner/Accused-2 AND The State of Andhra Pradesh, Through the S.H.O., of Eluru Il town P.S., Rep., by its Public Prosecutor, High Court at Amaravathi. . .Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may kindly be pleased to pass an order to grant a Regular Bail to the Petitioner/A- 2 in connection with the Crime in F.1.R. No. 715/2021 of Eluru II Town P.S., West Godavari District may deem fit and proper in the circumstances of the case. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri R Siva Sai Swarup, Advocate for the Petitioner and the Assistant Public Prosecutor for the Respondent, the Court made the following; ORDER:
FO oy aS THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.4700 of 2021 ORDER:
This petition is filed under Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.) seeking regular bail to the petitioner/A-2 in connection with Crime No.715 of 2021 of Eluru Il Town Police Station, West Godavari District for the offence punishable under Section 34(a} of Andhra Pradesh Excise Act, Sections 269, 271 and 274 of Indian Penal Code, 1860 and Section Sl{b) of Disaster Management Act, 2005.
2. The case of prosecution is that on 09.07.2021 at about 8.30 PM on credible information about transportation of Tobacco, Gutkha packets illegally, the respondent police proceeded to scene of offence, arrested A-1 and the petitioner escaped from the scene. Police seized GSB Golden Reserve Prestige Whisky 180 ML- 30 bottles, worth Rs.4,500/- and Miraj Gutka packets 85,000 worth Rs.12,75,000/- from his possession, under the cover of a mediators report. The petitioner was arrested and from 16.08.2021 he is in jail.
3. Heard Sri R.Siva Sai Swarup, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioner submits that in all the cases where transportation of tobacco, police are implicating the accused under the Excise Act also. He submits that A-1 already enlarged on bail before the Court below on 27.07.2021. Hence, his case may be considered for grant of bail,
5. Learned Assistant Public Prosecutor submits that investigation is pending and the petitioner is not entitled for bail.
6. Taking into consideration the fact that A-1 has already enlarged on bail on 27.07.2021, this Court deems it appropriate to grant bail to the petitioner,
7. Accordingly, this Criminal Petition is allowed. The petitioner / A-2 shall be enlarged on bail in connection with Crime No.715 of 2021 of Eluru I] Town Police Station, West Godavari District, on his executing self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Court of the Special Judicial First Class Magistrate (Excise Court)-cum-IV Additional Junior Civil Judge, Eluru, West Godavari District. Consequently, miscellaneous applications pending, if any, shall stand closed.
Sd/- V.SATYANARAYANA.
ASSISTANT REGISTRAR TRUE COPY/ Le For ASSISTANT REGISTRAR To,
1. The Special Judicial 1" Class Magistrate (Excise Court)-cum-IV Addl. Junior Civil Judge, Eluru, West Godavari District, The Superintendent, District Jail, Eluru, West Godavari District. The Station House Officer, Eluru f! Town Police Station, West Godavari District. One CC to Sri. R Siva Sai Swarup, Advocate fOPUC] Two GCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
7 on & co Ren ee HIGH COURT LK,J DATED: 19/08/2021 ORDER CRLP.No.4700 of 2021 ALLOWED