Andhra Pradesh High Court - Amravati
Nargani Srinu @ Bangaru Srinu vs Public Prosecutor on 4 January, 2022
Author: D Ramesh
Bench: D Ramesh
ee IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH CRIMINAL PETITION NO: 7605 OF 2021 Between: Nargani Srinu @ Bangaru Srinu, S/o Bangaraiah, Aged about 38 years, R/o 7-55/1, Near Vinayaka Temple, GSL Medical Collegé, Raghunatha Puram village, Rajanagaram Mandal, East Godavari District. ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, Through Station House Officer, Special Enforcement Bureau Station, Rajamahendravaram South, East Godavari District, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Complainant Petition filed under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioner on bail, in the event of his arrest, in connection with FIR No.1050/2020, dated 07.12.2020, on the file of Special Enforcement Bureau Station, Rajamahendravaram South, East Godavari District. The petition coming on for hearing, upon perusing the Criminal Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Sasanka Bhuvanagiri, Advocate for the Petitioner, and of Assistant Public Prosecutor for the Respondent, the Court made the following. ORDER
THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO. 7605 OF 2021 ORDER:-
This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/A2 in the event of his arrest in connection with Crime No.1050 of 2020 of Special Enforcement Bureau Station, Rajamahendravaram-South, East Godavari, registered for the offence punishable under 7B read with 8B of the Andhra Pradesh Prohibition (Amendment) Act, 2020.
2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.
3. Learned counsel or the petitioner submits that the petitioner is innocent and he is falsely implicated in the crime only to harass him and there is no independent witness or mediator to the alleged seizure of liquor and the alleged special report is prepared in the absence of mediators. He submits that even as per the special report, the accused person escaped from the scene of offence and it is nowhere disclosed in the said report as to on what basis Police came to the conclusion that petitioner is the person, who escaped from the spot. Hence, the petitioner's case may be considered for grant of pre-arrest bail.
4. Learned Assistant Public Prosecutor submits that investigation is pending and hence he opposed the bail application.
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5. Considering the submissions of learned counsel for the petitioner and the fact that nowhere in the special report it is disclosed as to how the Police came to conclusion that petitioner is the person, who ran away from the spot, this Court deems it appropriate to grant pre-arrest bail to the petitioner.
6. Accordingly, this Criminal Petition is allowed. The petitioner/A2 shall be released on bail in the event of his arrest in connection with Crime No. 1050 of 2020 of Special Enforcement Bureau Station, Rajamahendravaram-South, East Godavari on condition of executing self bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Special Enforcement Bureau Station, Rajamahendravaram-South, East Godavari. Consequently, miscellaneous applications pending, if any, shall stand closed.
/ SD/- V.SAVITHRI GOWRI ASSISTANT REGIST ITTRUE COPY// zw SECTION OFFICER To,
4. The Station House Officer, Special Enforcement Bureau Station, Rajamahendravaram South, East Godavari District.
2. One CC to SRI. SASANKA BHUVANAGIRI, Advocate [OPUC]
3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
4. One spare copy VD HIGH COURT DRJ DATED:04/01/2022 ORDER CRLP.No.7605 of 2021 ALLOWED 3 -7 gan meee