Andhra Pradesh High Court - Amravati
Bashikala Venkata Narayana, vs The State Of A.P. on 20 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTIETH DAY OF JULY, TWO THOUSAND AND TWENTY ONE : PRESENT : THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRL.P.No. 3837 of 2071 Between:- 1.Bashikala Venkata Narayana, S/o. Venkata Subbaiah 2.Jangiti Raja Sekhar, S/o. Veeranna 3.Shaik Nayab Rasool, S/o. Mahaboob 4,Shaik Mahaboob Sharif, S/o. Late Badulla 5.Bhumireddy Obula Reddy, S/o. Obul Reddy 6.Beeram Bhaskar Reddy, S/o. Seshaiah beens Petitioners/Accused AND The State of A.P., Rep. by its Public Prosecutor, High Court Buildings, Amaravathi. Lease Respondent. Petition filed under Section 438 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioners on bail in the event of their arrest in FIR No.136/2021, dated 10-05-2021 of Madanapalli I} Town Police Station, Chittoor District, in the interest of justice. The petition coming on for hearing, upon perusing the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri Raja Reddy Koneti, Advocate for the Petitioners and of the Asst. Public Prosecutor on behalf of respandent/State, the Court made the following ORDER :
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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.3832 of 2021 ORDER:-
This petition is filed under Section 438 of Code of the Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking pre arrest bail to the petitioners in the event of their arrest in connection with Crime No.i36 of 2021 of Madanapalle If Town Police Station, Chittoor District for the offences punishable under Section 420 of Indian Penal Code (for short "IPC") read with 34 IPC and Section 7(1) of Essential Commodities Act (for short "the EC. Act"), 2, The case of prosecution is that on 09.05.2021 at about 4.30 p.m. the Sub Inspector of Police, II Town Police Station, Madanapalle, on receiving credible information about the illegal transportation of ration rice, proceeded to Annamayya circle, Madanapalle, and while conducting vehicle check, two lorries, one behind the other came from Kadapa side, were stopped and the persons in the lorries tried to escape, but the police were caught and enquired. Then the driver of the vehicle bearing registration No.AP 421 TY 5372, stated that he is working as driver under A.1 and he is transporting the rice to Thiruvekar of Karnataka State and the cleaners of the said vehicle also stated similarly. Another driver of the lorry bearing registration No.AP 21 TY 2038 was also stated that the rice was loaded in lorries on 09.05.2021 at about 4.30 p.m. at Vinjamur of Nellore District and taken to Karnataka state and asking him to take the lorry via Badvel. On verification of the stock, they found rice containing in 500 gunny bags and they also contain e-way bills. On the basis of the said Statements, the present crime was registered against the petitioners.5
3. Heard Sri Raja Reddy Koneti, learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.
4. Learned counsel for petitioners submits that if at all there is any violation of conditions and any malpractice, they are lable to be punished under the provisions of E.C. Act and the IPC sections are not applicable to the petitioners. He further submits that even assuming that the provisions of the E.C.Act are applicable, minimum punishment is three (3) months and extended upto three (3) years. He also submits that A2 to A5 are released on regular bail vide Cri.M.P.No.365 of 2021 by the Il Additional Judicial First Class Magistrate, Madanapalle, dated 21.05.2021. He further submits that, as per the report, the rice was loaded at Nellore and as the petitioners are the Fair Price shop dealers at Badvel and their names are added, as if they have sold the ration rice to him. He submits that, except the confession statement of Al, there is no other material on record to connect the petitioners with the alleged offences. Hence, the case of the petitioners may be considered for grant of bail.
5. On the other hand, learned Assistant Public Prosecutor submits that, as stated by learned counsel for the petitioners, the petitioners have not loaded rice at Nellore, but, initially the driver of the vehicle confessed that rice was loaded at Nellore, and on the confession statement of A.1, himself and other accused were arrested. Learned Assistant Public Prosecutor further submits that the rice was loaded at Badvel. He further submits that the petitioners are Fair Price Shop dealers, Section 409 IPC attracts to them. He further submits that ° ' ~astigation is pending, so far 3 8 ten (10} witnesses were examined, as such, the petitioners are not :
i # § entitled for pre-arrest bail.
NES
6. Taking into consideration the fact that the petitioners are Fair price shop dealers in Badvel, the lorries were already seized by the police, and at this stage, if pre-arrest bail is granted te the petitioners, there cannot be any apprehension to the prosecution that they will hamper with the investigation process.
7. Accordingly, the Criminal Petition is allowed. The petitioners shall be enlarged on bail in the event of their arrest in connection with Crime No.136 of 2021 of Madanapalle I] Town Police Station, Chittoor District, on their executing personal bonds for a sum of Rs.20,000/- (Rupees Twenty thousand only) each with two sureties each for a like sum each to the satisfaction of the Station House Officer, Madanapalle I] Town Police Station, Chittoor District.
Sd/-M.Suryanadha Reddy ASSISTANT REGISTRAR a '\ // TRUE COPY// oe SECTION OFFICER for To
1.The Station House Officer, Madanapaite If Town Police Station, Chittoor District.
2.Two CCs to the Public Prosecutor, High Court of A.P., at Amaravati{OUT)
3.One CC to Sri Raja Reddy Koneti, Advocate(OPUC}
4.One spare copy.
TKK HIGH COURT LK.
DT.20-07-2021.
ANTICIPATORY BAIL ORDER CRL.P.No,. 3832 of 2021 ALLOWED