Andhra Pradesh High Court - Amravati
Between vs And on 8 May, 2024
APHC010197942024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3369]
(Special Original Jurisdiction)
WEDNESDAY,THE EIGHTH DAY OF MAY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
CRIMINAL PETITION NO: 2902/2024
Between:
SHAIK ANJI BABU, S/O VANNUR SAHEB, NAIDUPALEM
VILLAGE,MUNDLAMURU MANDAL PRAKASAM DISTRICT.
...PETITIONER/ACCUSED
AND
THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,
High Court of Andhra Pradesh.
...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. INAKOLLU VENKATESWARLU
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR (AP)
The Court made the following :
ORDER :
This Criminal Petition is filed by the petitioner/A.6, under Section 438 of Code of Criminal Procedure (for short 'Cr.P.C.'), seeking anticipatory bail in Crime No.107 of 2024 of SEB Station, Darsi District, for the offence under Section 34(a) read with 50B of A.P. Excise Amendment Act, 2020.
2. Heard learned counsel for the petitioner/A.6 and the learned Assistant Public Prosecutor representing the respondent/State. 2
TMR,J Crl.P.No.2902 of 2024
3. The case of prosecution is that on 17.04.2024, on information, the Excise Inspector rushed to APSBCL GRO No.08213 found A.2 trying to place a carton box in an Innova Car bearing No.AP 27 AN 6668, on seeing the police, he tried to escape. The police apprehended him and during interrogation the 2nd accused confessed that there are liquor bottles in the car and 3rd accused who was at steering tried to escape, he was caught by police. On search of the case, the police found 20 cases each containing 48 bottles of 180ml liquor and seized the same. A.2 further confessed the availability of liquor in the house of 7th accused. A.4 and A.5 confessed that they along with A.6 sold the liquor to A.2 by collecting 10 rupees excessively. Hence, the crime.
4. Learned counsel for the petitioner contends that the petitioner is working as sales supervisor. Based on the confession of A.4 and A.5, the case came to be registered against him. It is not the case of prosecution that A.6 sold the liquor bottles without obtaining cash from A.2 and A.3. No document said to have seized from the possession of A.2 and A.3 to show that they purchased the liquor from the shop in which the petitioner/A.6 was working. Except the confessional statement of A.4 and A.5, no other independent material has been collected against the petitioner in support of the accusation made against the petitioner. 3
TMR,J Crl.P.No.2902 of 2024
5. It is submitted that the petitioner has got permanent abode and there is no possibility of his fleeing away from the jurisdiction of the court and most of the witnesses are official witnesses and the release of the petitioners would not cause hampering of investigation or tampering of evidence. As such, this court is inclined to grant anticipatory bail to the petitioner.
6. In the result, the criminal petition is allowed.
i. The petitioner/A.6 is directed to surrender before the Station House Officer, SEB Station, Darsi within two weeks from today and he shall be released on bail, on his furnishing personal bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like amount each, to the satisfaction of Station House Officer, SEB Station, Darsi Station; and ii. After his release, the petitioner/A.6 shall appear before the Station House Officer, concerned, once in fortnight for a period of three (03) months;
iii. The petitioner/A.6 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Investigating or Police Officer and shall cooperate with the investigating officer.
_____________________________ JUSTICE T.MALLIKARJUNA RAO Date : 08-05-2024 SAB