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Judgment
Ravi Cheemalapati, J
This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’), seeking anticipatory bail, by the petitioner/A-2 in Crime No.684 of 2022 of Special Enforcement Bureau Station, Pithapuram, registered for the offence punishable under Sections 34(A) and 37(A) r/w 37(i) of the Andhra Pradesh Excise (Amendment) Act, 2020.
The case of the prosecution, in brief, is that on 02.06.2022, the Special Enforcement Bureau Inspector, Pithapuram, received reliable information regarding the illicit storage of spirit in Pithapuram Town and they reached the scene of offence along with mediators. The police found A-3 and A-4 at the scene of offence. Upon seeing the police, A-3 and A-4 tried to escape from the scene of offence and the police prevented them from escaping and inquired about 200 liters of spirit in the blue colour drum which is found at the scene of offence. Based on the confession statement of A-3 and A-4 who stated that, the petitioner, who is A-2, and A-1 were supplying spirit to them which in turn it is supplied by them to A-5 and A-6, who are doing liquor business, the petitioner is implicated in the above crime along with other accused.
Heard Sri K. Rama Koteswara Rao, learned counsel for the petitioner, and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-State.
Learned counsel for the petitioner contended that the petitioner, who is A-2, is implicated in the present crime only based on the confessional statements of A-3 and A-4 wherein it is stated that the petitioner, who is A-2, and A-1 were supplying spirit to A-3 and A-4 illegally. Learned counsel for the petitioner contended that the petitioner is doing cultivation and he is innocent and he is not involved in any crime much less the present crime. Learned counsel for the petitioner submitted that the petitioner is the only bread winner in the family and as such, prayed for grant of pre-arrest bail.
On the other hand, the learned Special Assistant Public Prosecutor contended that there are serious allegations against the petitioner, who is A-2, and A-1 and the petitioner is a supplier of spirit to A-3 and A-4. He further submits that investigation is in progress and if the petitioner is granted anticipatory bail, he may not cooperate with the investigation and he may hamper the process of investigation and tamper with the prosecution evidence. Hence, opposed the petition and prayed for dismissal of the same.
A perusal of the record shows that the petitioner, who is A-2, was implicated in this case basing on the confessional statements of A-3 and A-4 and as stated by learned Special Assistant Public Prosecutor that there are no criminal antecedents and the investigation in this case is already completed, this Court is inclined to grant anticipatory bail to the petitioner however by taking the apprehension of the learned Special Assistant Public Prosecutor into consideration, on the following conditions:
Accordingly, this Criminal Petition is allowed. The petitioner shall be released on bail in the event of his arrest in connection with Crime No.684 of 2022 of the Special Enforcement Bureau Station, Pithapuram, East Godavari District, on the petitioner executing a self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the Station House Officer, Special Enforcement Bureau Station, Pithapuram, East Godavari District.
(ii) On release, the petitioner shall report before the Station House Officer, Special Enforcement Bureau Station, Pithapuram, East Godavari District, once in a week i.e. on every Sunday between 10.00 a.m. and 12.00 noon till filing of charge sheet.
(iii) The petitioner shall not make any attempt to tamper with the prosecution evidence. He shall make himself available to the investigating officer whenever required by them to facilitate proper investigation in this case. The petitioner shall scrupulously comply with the above conditions and any infraction thereof will be viewed seriously and it also entails cancellation of bail and in such case prosecution shall move appropriate application for such cancellation.