Andhra Pradesh High Court - Amravati
Ananthapuramu District vs Unknown on 27 June, 2023
Author: K. Suresh Reddy
Bench: K. Suresh Reddy
THE HON'BLE SRI JUSTICE K. SURESH REDDY
Criminal Petition No.3920 of 2023
ORDER:
Accused No.4 in Cr.No.208 of 2021 of Vajrakarur Police Station, Ananthapuramu District, filed the present application under Section 438 of Cr.P.C. seeking anticipatory bail. The above crime was registered for the offences punishable under Sections 420 and 120-B read with 34 of IPC, Section 9(1) of A.P. Gaming (Matka) Act and Section 34(A) of A.P. Excise (Amendment) Act, 2020.
2. Case of the prosecution is that, on 04.08.2021 at about 4.00 p.m., on credible information, the Sub Inspector of Police, Vajrakarur PS along with his staff went to Ragulapadu cross and found some persons sitting and on seeing the police, some persons escaped and the police apprehended A.1 to A.3. When the police questioned them, they have stated that they are conducting Matka game and collecting money from the people. They have also stated that they have purchased 288 Liquor Tetra Packets of 90 ML each of Karnataka State from the shop of the petitioner/A.4 and they are selling for higher rates in Andhra Pradesh. Thereafter, after conducting panchanama, the police seized the liquor packets and 4 matka slips from the accused Nos.1 to 3 and were remanded to judicial custody.
3. Learned counsel for the petitioner submits that the allegation against the petitioner is that Accused Nos.1 to 3 purchased liquor packets from the shop of the petitioner/A.4, which is situated in Karnataka State and selling the same in Andhra Pradesh for higher rates. He further submits that the petitioner is running the liquor shop by obtaining licence from Karnataka Government and he is no way concerned with the activities of A.1 to A.3 and requests this Court to grant anticipatory bail to the petitioner/A.4.
4. Learned Special Assistant Public Prosecutor, opposed the bail application stating that the petitioner involved in two other crimes also.
5. Heard and perused the material available on record.
6. As seen from the record, though the crime was registered on 04.08.2021, the police could not apprehend the petitioner till today. Further, the only allegation made by the prosecution against the petitioner is that the other accused purchased the liquor from the shop of the petitioner. Admittedly, the petitioner/A.4 is running liquor shop in Karnataka State by obtaining licence. In that view of the matter, this Court is inclined to grant anticipatory bail to the petitioner.
5. The petitioner/A.4 is directed to surrender before the Station House Officer, Vajrakarur Police Station on or before 06.07.2023 and on such surrender, the Station House Officer is directed to release the petitioner/A.4 on bail on his furnishing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each to his satisfaction. On such release, the petitioner is directed to report before the said Station House Officer, on every Sunday between 10.00 a.m. and 01.00 p.m., until further orders. The petitioner is further directed to cooperate with the investigation and not to tamper with the prosecution witnesses.
6. The criminal petition is allowed accordingly.
_____________________ JUSTICE K. SURESH REDDY Date: 27.06.2023 bss THE HON'BLE SRI JUSTICE K. SURESH REDDY Criminal Petition No.3920 of 2023 Date: 27.06.2023 BSS