Matta Bala Venkatesh vs State Of Andhra Pradesh

Ravi Cheemalapati, J

This Criminal Petition under Section 438 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”), is filed by the petitioner/Accused, seeking to grant pre-arrest bail in Crime No.82 of 2022 of Ravulapalem Police Station, East Godavari District, registered for the offences punishable under Sections 34(a) read with 9 of Andhra Pradesh Excise Act,1968.

The case of the prosecution, in brief, is that on 22.02.2022, on reliable information, the Sub Inspector of Police, Ravulapalem Police Station, along with staff conducted raid and caught two persons who are at shopping complex in suspicious manner and they confessed that one Kusumanchi Venkata Thrinadh dumped whiskey bottles in the shopping complex godown without any license or permission from the authorities. Later, the Police seized 9200 liquor bottles worth Rs.2,39,200/. Hence, the above crime was registered.

Heard Sri Mangena Sree Rama Rao, learned counsel for the petitioner and learned Special Assistant Public Prosecutor for the respondent-State.

Learned counsel for the petitioner, in elaboration, contended that originally, the name of the petitioner was not shown in F.I.R. On 22.02.2022, 24.02.2022, 24.06.2022 and 02.07.2022, police prepared mediators report where confession statements were recorded. In the mediator’s report dated 02.07.2022, in the confession statement, the name of the petitioner was found, as such, he apprehends his arrest. Learned counsel for the petitioner further submits that A.5, who is one of the accused in the original F.I.R., approached the court below by filing Criminal M.P.Bail No.58 of 2022 seeking anticipatory bail, wherein the Sessions court, granted bail on 25.04.2022. He further submits that the petitioner is having two children and he never involved in the present case and he is doing some petty business and in the event of his arrest, without any involvement in the crime, his reputation in the village and society will be at stake and prayed this court to grant anticipatory bail stating that the petitioner will definitely cooperate with the investigation and he will abide any conditions imposed by this court.

On the other hand learned Assistant Public Prosecutor opposed the application on the ground that investigation is yet to be completed and substantial witnesses were already examined and there is every likelihood of petitioner may tamper the evidence and influence the witnesses in the event if the petitioner is granted bail and seeks dismissal of the application.

A perusal of the complaint, prima facie, shows that the petitioner’s name was not in original F.I.R. In the 3rd mediator’s report dated 02.07.2022, upon confession, petitioner’s name was found. Apart from that, A.5, who is accused in original F.I.R., was granted bail by the court below. Hence, this court inclined to grant pre-arrest bail to the petitioner by duly taking the apprehensions made by the learned Special Assistant Public Prosecutor into consideration with the following conditions:

(i) The petitioner shall be released on bail in case of his arrest in Crime No.82 of 2022 of Ravulapalem Police Station, East Godavari District on his executing self bond for Rs.25,000/-

(Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Ravulapalem Police Station, East Godavari District; and

(ii) On release, the petitioner shall appear before the Station House Officer, Ravulapalem Police Station, East Godavari District, once in a week i.e., on every Sunday between 9.00 a.m., to 12.00 noon till filing of the charge sheet; and

(iii) The Petitioner shall cooperate with investigation and shall appear before the investigating officer, as and when his presence is required. Petitioner shall not influence the witnesses or tamper with evidence.

Further, the petitioner shall scrupulously comply with the above conditions and in case of infraction of the same, the prosecution is at liberty to move appropriate application for cancellation of bail.

Accordingly, the Criminal Petition is allowed.

Miscellaneous applications, pending if any, shall stand closed.