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2021 DIGILAW 144 (AP)

Ketha Nagaraju v. State of Andhra Pradesh

2021-03-08

LALITHA KANNEGANTI

body2021
ORDER : Lalitha Kanneganti, J. 1. This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/accused in the event of his arrest in connection with Crime No. 432 of 2020 of Special Enforcement Bureau, Station Polavaram registered for the offences punishable under Section 7(B) read with 8(B) of the Andhra Pradesh Prohibition (Amendment) Act, 2020. 2. The case of prosecution is that on 23.10.2020 at about 5:30 p.m., the Sub-Inspector, Special Enforcement Bureau, C.I. of Police, Polavaram alongwith their staff proceeded to Tadipudi Village limits and found one person coming by a bike and on seeing the Police he left the bike and ran away. The Police could identify him as the petitioner. On inspection of the bike, the Police found 10 liters of ID Arrack in a bag which was hanged to side of the bike and the same were seized. Basing on the same, the present crime is registered. 3. Heard Sri Kancharlapalli Siva, learned Counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State. 4. Learned Counsel for the petitioner submits that the petitioner is no way concerned with the alleged offence and he is not the owner of the bike. He further submits that he is falsely implicated in the crime on the instigation of local leaders only to harass the petitioner. Hence, his request for pre-arrest bail may be considered. 5. Learned Additional Public Prosecutor submits that investigation is not yet completed and opposes the bail application. 6. Taking into consideration the submissions of the learned Counsel for the petitioner and the fact that nowhere in the special report it is disclosed how the Police personnel succeeded in identifying the petitioner as the accused who was involved in similar cases, this Court deems it appropriate to grant pre-arrest bail to the petitioner. 7. Accordingly, this criminal petition is allowed. The petitioner/accused shall be released on bail in the event of his arrest in connection with Crime No. 432 of 2020 of Special Enforcement Bureau, Station Polavaram on condition of executing self-bond for Rs. 20,000/- (Rupees Twenty thousand only) with two sureties for a likesum each to the satisfaction of the Station House Officer, Special Enforcement Bureau, Polavaram. 8. Consequently, miscellaneous applications pending, if any, shall stand closed.