J Vasantha Reddy alias Vasanth Reddy Vs The State… — Anticipatory Bail | Andhra Pradesh HC (2025)

J Vasantha Reddy alias Vasanth Reddy Vs The State… — Anticipatory Bail | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to petitioner/Accused No.2 subject to conditions: (i) on arrest, enlargement on execution of a personal bond of Rs.20,000 with two sureties for the like sum each to the satisfaction of the arresting police officials; (ii) availability for investigation as and when required; (iii) no threat, inducement or promise to prosecution witnesses; (iv) weekly appearance before the Station House Officer every Saturday between 10.00 a.m. and 5.00 p.m. till filing of the charge sheet; (v) no leaving the district limits without express permission of the SHO; (vi) surrender of passport (or affidavit of non-possession) to the Investigating Officer; (vii) cooperation with investigation, failing which the State may arrest him.

Issue for consideration

Whether the petitioner/Accused No.2 is entitled to pre-arrest (anticipatory) bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No.287 of 2024 of V. Kota Urban Police Station, Chittoor District, registered for offences punishable under Sections 7 read with 8-B-2 APPA, 2023.

Court's answer

The confessional statement of Accused No.1 cannot be taken into account and cannot be the basis to bring the other accused or witnesses into the frame; the petitioner has been arrayed as Accused No.2 solely on such confession.

Ratio / Principle

On the facts and circumstances, the balance of convenience is in favour of the petitioner/Accused No.2, and this Court deems it fit to grant him pre-arrest bail.

Detailed headnote1 paragraphs

Pre-arrest bail — Section 482 BNSS — APPA, 2023, Sections 7 read with 8-B-2 — Crime No.287/2024, V.Kota Urban Police Station, Chittoor District. Petitioner (Accused No.2), allegedly the supplier of 192 tetra packets of whisky (17.280 litres) recovered from Accused No.1 during a vehicle check, was sought to be implicated solely on the confession statement of Accused No.1. Holding that a confessional statement cannot be the basis to bring the other accused or witnesses into the frame (relying on State (NCT of Delhi) vs. Navjot Sandhu) and finding the balance of convenience in the petitioner's favour, the Court allowed the Criminal Petition and granted pre-arrest bail: personal bond of Rs.20,000 with two sureties of like sum, availability for investigation, weekly Saturday reporting before the SHO until charge sheet, restraint from leaving the district without permission, surrender of passport, and cooperation with investigation, failing which the State may arrest.

a

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARi

FRIDAY, THE THIRD DAY OF OCTOBER,

TWO THOUSAND AND TWENTY FIVE

: lPRESENT:

THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

CRIMINAL PETITION NO: 9945 OF 2025

Between:

J Vasantha Reddy @ Vasanth Reddy, S/o Venkata Reddy, Aged about 45 yrs, R/o 1-4, Chinnabaldar, Gorivimakuia Palli, VTC: Ramakuppam, Chittoor District.

Petitioner/Accused No.2

AND

The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court for the State of Andhra Pradesh at Amaravati.

Respondent/Complainant

Petition under Section 482 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to enlarge Petitioner/Accused no.2 on pre arrest bail in the event of his arrest in connection with Cr.No.287/2024 on the file of V.Kota Urban Police Station, Chittoor District. The petition coming on for hearing, upon perusing the^{Petitionandthe} affidavit filed in support thereof and upon hearing the arguments of Sri. SATHEESH KUMAR EERLA, Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent;

The Court made the following ORDER:

ORDER:

Heard,

Sri Satheesh Kumar Eerla, learned counsel for the

petitioner/accused No.2 and the learned Public Prosecutor appearing for the Respondent-State.

The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner/Accus^ed No.2 for granting of pre-arrest bail in connection^with Crime No.287^of 2024 of V. Kota Urban Police Station, Chittoor District, registered for the alleged offences punishable under Sections 7 read with 8-B-2 APPA, 2023.

The case of the prosecution is that on 24.12.2025 at^about08.00 A.M., Near Bairupalli Cross, on V. Kota-Pernumbut Road, V. Kota Mandal, Accused No.l/M.Reddeppa, was caught during^{avehiclecheck} transporting 192 Tetra Packets of 90 ML Johns Original^ChoiceDeluxe Whisky (17.280 liters, worth Rs.7,680/-) on a motorcycle (Reg.No.KA 03 HH 0677). . The Liquor was allegedly purchased from the petitioner/accused No.2 by name J. Vasantha Reddy, for illegal sale. The Police arrested the accused No.1 and the contraband along with motorcycle were seized under a Maharzanama, with one tetra packet

sealed for chemical analysis. The petitioner/accused No.2 is found absconding and based on the mediators’ report, the Police registered

the above crime against the accused. Hence the FIR.

The entire arguments advanced by the learned counsel for the petitioner/accused No.2 based on confession statement of accused No.1, the petitioner is arrayed as accused No.2 and as per the settled principles of law, the confessional statements cannot be taken into account. The aforesaid proposition is well settled in the Judgment of the Hon’ble Supreme Court in State (NCT of Delhi) vs. Navjot Sandhu\ wherein it has categorically observed that the confessional statements cannot be a basis to bring the other accused or witnesses on record.

On the other hand, learned Assistant Public Prosecutor had advanced his arguments opposing the petition and stated that the petitioner/accused No.2 shall not be released on bail much less anticipatory and further argued that whole case is based on the petitioner/accused No.2 himself.

In view of aforesaid facts and circumstances, this Court finds that the balance of convenience is in favour of the petitioner/accuse^dNo.2 and also keeping in view the said law the confessional statement cannot be the basis to bring the other accused or witnesses into frame. Hence,

2005 11 see 600

this Court deems it fit to grant pre-arrest bail to the petitioner/accused

No.2.

In the result, the Criminal Petition is allowed with the following conditions:

I. In the event of his arrest, the petitioner/Accused No.2 shall be enlarged on bail subject to his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty

Thousand only) with two sureties for the like sum each^to the satisfaction of the arresting police officials;

The petitioner/Accused No.2 shall make himself available for investigation as and when required;

The petitioner/Accused No.2 shall not cause any threat, inducement or promise to the prosecution witnesses;

IV. The petitioner/Accused No.2 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.

V. The petitioner/Accused No.2 shall, not leave the limits of the District without the express permission from the Station House Officer concerned.

VI. The petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that he does

not have a passport, he shall submit an affidavit to that

effect to the Investigating Officer.

VII.

The petitioner/accused No.2 shall co-operate with the investigation and also attend as and when required by the investigation agency-State. Any deviation or contravention

in this regard, the Respondent/State is at liberty^toarrest

the petitioner/accused No.2.

Sd/- SHAIK MOHD. RAFI ASSISTANTfREGISTRAR

//TRUE COPY// SECTION OFFICER

To,

The Station House Officer, V.Kota Urban Police Station, Chittoor District.

One CC to Sri. SATHEESH KUMAR EERLA, Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra^Pradesh, Amaravati. [OUT]

One spare copy JSS

HIGH COURT

GTK, J

DATED:03/10/2025

BAIL ORDER

CRLP.No.9945 of 2025

ALLOWED