C Venkata Sai Kumar alias Sai Kumar Vs The State of Andhra Pradesh

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APHC010111222026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3396]

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TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1703/2026

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Between:

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1 C VENKATA SAI KUMAR ALIAS SAI KUMAR, S/O. C.RAMAKRISHNA . AGED 25 YEARS,R/O.D.NO.9/30,VADDEPALLI,H/O.MADHAVARAMRAYACHOT Y MANDAL, YSR KADAPA DISTRICT.

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...PETITIONER/ACCUSED

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH AT AMARAVATITHROUGH THE B.KOTHAKOTA POLICE STATION,CHITTOOR DISTRICT

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...RESPONDENT/COMPLAINANT

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Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to direct to enlarge the Petitioner/Accused No.2 on bail in the event of his arrest in connection with FIR No. No.386 of 2021 of B.Kothakota Police Station, Chittoor District in the interest of justice and pass

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Counsel for the Petitioner/accused:

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1.A V S RAMA KRISHNA

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Counsel for the Respondent/complainant:

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1.PUBLIC PROSECUTOR

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2

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1703/2026

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ORDER :

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The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.2 for granting of pre-arrest bail in connection with FIR No. No.386 of 2021 of B.Kothakota Police Station, Chittoor District, registered for the alleged offence punishable under Section 34(1) r/w 34(a), 11(2), 42 of AP Excise (Amendment) Act, 2020.

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Heard Mr. A.V.S.Rama Krishna, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor.

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The case of the prosecution is that on 16.12.2021, the ASI of B.Kothakota P.S., while conducting vehicle checking, found one car coming from Karnataka border and on seeing the police accused No.2 ran away but the police have apprehended accused No.1 and seized contraband worth of Rs.52,042/-. On enquiry, they came to know about the Accused No.2.

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Learned counsel for the petitioner would submit that the petitioner is innocent, he is no way concerned with the present case. There are no allegations leveled against the petitioner as per the complaint. No contraband was seized from the possession of the petitioner. The accused No.1 was already enlarged on bail on 24.12.2021. It is further submitted that the

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petitioner is ready and willing to furnish sufficient sureties to the satisfaction of the Court to secure his presence for the purpose of investigation.

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Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that there are specific allegations made against the petitioner to the extent that the petitioner assisted the accused No.1 in transporting the liquor without there being any permission or license in a car on 16.12.2021. Learned Assistant Public Prosecutor finally prays for dismissal of the petition.

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Considering the submissions made, upon perusal of the material on record, and in light of the nature and gravity of the allegations levelled against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.

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At this juncture, learned counsel for the petitioner would submit that the petition may be disposed of by granting liberty to the petitioner to surrender before the learned Jurisdictional Magistrate and to move a regular bail application, and that a direction may be issued to dispose of the said application as expeditiously as possible.

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Considering the submissions made, the Criminal Petition is disposed of giving liberty to the petitioner/accused No.2 to surrender before the learned Jurisdictional Court concerned within one (01) week from the date of receipt of copy of this order, and move an appropriate application before the learned

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Jurisdictional Court concerned. The learned Jurisdictional Court concerned is directed to dispose of the said application in accordance with law, on its own merits by giving due and sufficient opportunity to the learned Public Prosecutor concerned, and pass appropriate orders as expeditiously as possible.

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As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

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___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J

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Date: 10.03.2026. UPS

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177

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA