Andhra Pradesh High Court - Amravati
Ande Venkateswara Rao Alias Babu vs The State Of Andhra Pradesh, on 2 November, 2021
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 5898 OF 2021 Between: Ande Venkateswara Rao @ Babu, aged 37 years, Cultivation, R/o.D.No. 2- 9, Ande Vari Meraka K P Palem North Village of Mogalthru Mandal, West Godavari District. . Petitioner/ Accused No.2 AND The State of Andhra Pradesh, Rep by its Station House Officer, P S Mogaltur, West Godavari District through Public Prosecutor, High Court Bidgs, Amaravati. ..Respondent/ Prosecution . Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to enlarge the petitioner/ 2™ accused on anticipatory bail in the event of his arrest by the Police in connection with Crime No. 338/2021 before P -- | S Mogaltur Police Station, West Godavari District for the offences under Section 7(B) R/w 8 (B) of A P Prohibition amendment Act 2020 in the interest of justice. 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 T Janardhan Rao, Advocate.for the Petitioner and the Asst. Public Prosecutor for the Respondent, the Court made the following; ORDER:3
HONOURABLE SRI JUSTICE D. RAMESH Criminal Petition No.5898 of 2021 ORDER:
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 {for short "the Cr.P.C.") seeking pre-arrest bail to the petitioner/A.2 in the event of his arrest in connection with Crime No.338 of 2021 of Mogulthur Police Station, West Godavari District, registered for the offence punishable under Section 7 (B) read with Section 8 {(b} of the A.P. Prohibition (Amendment) Act, 18 of 2020.
2. The case of the prosecution is that on 04.10.2021 evening at about 5.00 P.M. the police of Mogultur Police Station proceeded to near Saibaba Temple Centre, K.P. Palem South near casuarinas garden of Andey Krishna Tulasi and conducted raid. In that process, they noticed three persons were preparing LD. arrack on gas stove in aluminium utensils and on seeing the police, they tried to run away, but the police caught hold two persons. On interrogation, they confessed that they are in the habit of manufacturing 1D. arrack. The police seized one plastic bottle containing 2 litres of ID arrack, Gas Cylinder and other articles from their possession under the cover of mediator's report. Basing on the mediator's report, the present crime is registered. Basing on the confession made by A.3, the petitioner was arrayed as A.2.
3. Heard Sri T. Janardhana Rao, learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent-State.
bo DR, J CRLP.No.5898 af 2021 4, Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the above crime. He further submits that the material evidence is with the Police. He further submits that except the remand report, there is no other material to show that the petitioner/A.2 committed the alleged offence. Therefore, the question of tampering of the evidence by the petitioner does not arise. Moreover except stating that on enquiry the Police came to know that the petitioner is the accused, it is nowhere mentioned in the mediators' report as to how the prosecution is able to identify the petitioner as the accused and the report is silent about the particulars of mediators in whose presence the report was prepared. He further submits that nothing has been seized from the petitioner's possession and the petitioner has no previous criminal background. Hence, the case of the petitioner may be considered for grant of pre-arrest bail.
5. On the other hand, learned Additional Public Prosecutor submits that that investigation is not yet completed and opposes the bail application.
6. Taking into consideration the submissions of the learned counsel for the petitioner and particularly the fact that the mediators' report is silent as to how the Police arrived at the conclusion that the petitioner is the accused and he is connected with the crime, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
7. Accordingly, this Criminal Petition is allowed. The petitioner/A.2 shall be released on bail in the event of his arrest To, BONS moo 2 DR, J CRLP.No.5898 of 2024 *n connection with Crime No.338 of 2021 of Mogaltur Police Station, West Godavari District on condition of executing personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Mogultur Police Station, West Godavari District.
SDI. K. TATA RAO."
ASSISTANT REGISTRAR TRUE COPY! yaa.
cor ASSISTANT REGISTRAR The X Addl. Sessions Judge, West Godavari at Narasapur.
The Addl. Judicial First Class Magistrate, Narasapur.
The Station House Officer, Mogaltur Police Station, West Godavari District. One CC to Sri. T Janardhan Rao, Advocate fOPUC} Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
HIGH COURT DR,J DATED:02/11/2021 ORDER CRLP.No.5898 of 2021 ALLOWED