Andhra Pradesh High Court - Amravati
Devarakonda Devakonda Yalamanda vs The State Of Andhra Pradesh on 29 November, 2022
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY YHE TWENTY NINTH DAY OF NE + TWE THOUSAND SNS TWENTY THO : PRESENT: THE HONOURABLE SRI LAISTICE &. SREENIVASA REODY SRLPUNG. OF3t of 2? Bet West S : | Devrakond & Deyakonds Yaiaranda, (2) S Sfa. Verkateswarlu, Ne fanaa aged ae years, R'o, Macueula Vilage, Guragala Mandal, 1.Palakeerth ' Kotesw vara Rao, (42), S/o. Yarraish, Hindu, aged 46 years, fo, Madugita Vilage, Gurarala Mar ndal, Guntur District wo Petibioners/ Accused Nos. 2 and 3 Te State of Andhra Pradesh, through $.4.0., Gurazala Excise Stat Hani Sés}, Guntur District, Rep. by Pub He Pr asecutor, High Court af Andhra Pradesh, Af Amaravall. oo Respondent Complainant,
Petition Aled under Section 438 of CrP.C. is Med sraying that in the cycumsfiances stated in the Memorandum of Grounds of Criminal Peti Hor, the Nigh Court may be pleased to direct the respondent to enlarge the metitioners/ Accused Nos? & 3 on Sail connection with the case in Crime Na. 7S of 2072 of Guravala Excise Police "< Station (SEB), Guntur (tric, he petition caming on for hesring, upon perusing the me: morandum of Se ee grounds fled In support thereof and upon hearing the arguments of Y Habibulla Sheik, Advocates for the Petitioners and of the Asst. Public Prosecutor on behalf of respondent-State, the Court made the Following a THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETINION NO O23) OF 2022 OR OER:
The Onminal Petifien, under Section <$38 of the Code of Criminal Procedure, i973, i fied on behalf of the petitioners/accused No. & 3 to grant anhcigatory ball in connection with Crime No.5 of 2022 of Guragala Excise Statlan(SE6), Guntur 2} A-case has been registered against the petitioners and another for the offence punishable under Sections. 7A rw 6 £ G o pettes, as a the AP. Prohibition (Amendment) Act, 2020 fw. 34 { Excise GAmercdment) Act, 2020 and violation of 2 fReguiation of Use} Order, Tae.
33 Brief facts of the case are that, orn 13.11.2022 at about at about 04.00 PM, on relable information, the Sub-Inspectar of Police, Special Enforcement Bureau Station, Gurajala af Guntur Gistrict along with his steff and mediators while conducting raid at Kotarmma kunte south side 1.5 km to Maadudula village of Gurazala Mandal, found Al to AS in possession of 40 liters of ID liquor, 200 ters of F] wash and 120 gs of black jaqgery. On seeing the police party, accused' No.2 and 3 abscondecd fram the scene af offence.
Police seized the cantraband and redistered case against them, Bs trate Heard, Perused the recerd.
SS) & perusal of record show that the petitioners were not secured at the scene af offence. Basing on the mediators repart and confession of Al, the name of the pettione rs were shown as accused in the FIR. No contraband was seized fram the possession of petitioners, &} In view of the facts and circumstances of the case, this Z Ourt is inclined to grant anticipatory bal to the petitioners. 7} Accordingly, in the evant of thelr arrest in the above crime nuirber, gpetiianers/Accused No.2 anc 3 shall be released on ball on their executing a personal Bond, for @ sur of Rs, 10.000/- (Rupees ten thousasd only) each, with bwo sureties for the like sum each to the satisfaction of the arresting police officiais. Petitioners shall cooperate with the investigation ard {hey shall make themselves available for interrogation by a police officer as and when required, and they shall nat, directly or indirectly, make any inducement, threat or praise to any person acquainted with the facts of the case so as to dissuade him frorn disclosing such facts to the Court ar to any police officer. Petitioners shall anpear before the Station Nouse Officer concerned once in a week i.e., on every Sunday between 10.00 3.7. and OS,.00 p.m. Hf fling of the charae sheet.
8) Accordingly, the Criminal Petition is allowed. Sqd/- K. SRINIVASA RAUU ASSISTANT REGIST FRAR PPTRUE COPY! § .
SECTION OFFICER Fo
1.The Station Hause Officer, Guravala Excise Statian GES), Suritur District.
2. Two CCs tu the Public Prossoutor, High Court of AP, af AmaravatiiQuT)
3.One CC te Sri Habibulla Shaik, Ady acatesiQhUQ)
4.One spare copy.
eee MIGH COURT SRK.4 ANTICIPATORY BAIL OROER CRELP.No. S234 of 2022 ALLOWES