Andhra Pradesh High Court - Amravati
Dasari Suresh, vs The State Of Andhra Pradesh, on 30 June, 2022
HON'BLE SRI JUSTICE SUBBA REDDY SATTI
CRIMINAL PETITION NO. 4317 OF 2022
ORDER:-
This petition under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed by the petitioner/accused for grant of anticipatory bail in the event of his arrest in connection with Crime No.193 of 2021 of Special Enforcement Bureau Station, Narsapuram, West Godavari District registered for the offence punishable under Section 7(B) read with 8(A) of the Andhra Pradesh Prohibition (Amendment) Act, 2020.
2. The case of the prosecution is that while Police were patrolling, they found one person coming with gunny bag and on seeing them the said person ran away leaving the gunny bag. On verification of the bags, Police found 10 Kgs of jaggery, 1kg of Ammonia and 500 grams of east and seized the same under special report. On enquiry Police came to know that the petitioner is the person who ran away from the spot. Basing on the special report, the present crime is registered against the petitioner.
3. Heard Sri Rambabu Koppineedi, learned counsel for the petitioner and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-state.
4. Learned counsel for the petitioner would submit that petitioner is innocent and he never involved in any crime and nothing was recovered from petitioner's possession. He would further submit that entire investigation is completed and only 2 charge sheet is to be filed. Hence, he prays to grant pre-arrest bail to the petitioner.
5. Learned Special Assistant Public Prosecutor opposed the bail application on the ground that investigation is pending.
6. Admittedly, neither the petitioner was present at the scene of offence nor anything was seized from his possession. As per the case of the prosecution, the person who was found at the spot ran away on seeing Police. In the special report, it is nowhere disclosed as to on what basis, they concluded that petitioner is the person who ran away from the spot. Therefore, prima facie accusation made against the petitioner is not well founded. Therefore, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed on the following conditions.
1) Petitioner /accused shall be enlarged on bail in the event of his arrest in connection with Crime No. 193 of 2021 of Special Enforcement Bureau Station, Narsapuram, West Godavari District on furnishing self bond for Rs.30,000/-
(Rupees thirty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Special Enforcement Bureau Station, Narsapuram, West Godavari District.
2) Petitioner shall appear before Station House Officer, Special Enforcement Bureau Station, Narsapuram, West Godavari District, thrice in a week i.e. on Monday, Wednesday and Saturday between 9:00 am and 12:00 noon for a period of three months or filing of charge sheet, whichever is earlier. 3
3) The petitioner shall not go beyond the region of Narsapuram without intimating the SHO concerned; or to the trial Court after commencement of trial;
4) The petitioner shall not directly or indirectly contact prosecution witnesses under any circumstances and any such attempt shall be construed as an attempt at influencing the witnesses;
5) The petitioner shall furnish his mobile / landline number and residential address as well as that of his sureties to the I.O./SHO concerned and he shall keep his mobile / landline phone in operation at all times during this period and in the event of any change, he will immediately intimate the same to the I.O./SHO;
6) The petitioner shall drop a pin location on Google Maps so that the location of the petitioner is available to the investigation officer.
It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the findings in this order be construed as expression of opinion only for the limited purpose of considering bail in the above crime and shall not have any bearing in any other proceedings.
Consequently, miscellaneous applications pending, if any, shall stand closed.
________________________________ JUSTICE SUBBA REDDY SATTI Date :30.06.2022 IKN 4 HON'BLE SRI JUSTICE SUBBA REDDY SATTI ALLOWED CRIMINAL PETITION No.4317 OF 2022 30.06.2022 IKN