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INTHECOURTOFTHEIIADDITIONALSESSIONS JUDGE:
AMALAPURAM.
PRESENT:-SMT G. PRIYADARSINI,
XIV ADDL.SESSIONS JUDGE, AMALAPURAM
I/C II Additional Sessions Judge, Amalapuram. Friday, this the 15th day of May, 2026
CRL.M.P. NO.35/2026 IN CR.NO.86/2026 OF
AMALAPURAM TALUKA PO LICE STATION
Between:
Partamsetti Adinarayana @ Pattamsetti Adinarayana, S/o.Sambasiva Rao, 55 years, Door No.1-62, Gudigalla Bhaga, Balantram, K.Gangavaram Mandal, Dr.B.R.Ambedkar Konaseema District.
...Petitioner/Accused No.1
And
S.H.O., Amalapuram Taluka P.S., Rep. By its Public Prosecutor.
... Respondent/Complianant.
This petition is coming on 14.05.2026 before this court for hearing in the presence of Sri D.Venkateswararao, Advocate for Petitioner / Accused
No.1 and of Sri A.V.S.Prasad, Additional Public Prosecutor for State and upon perusing the record, this Court made the following :-
R O D E R
01.Heard the learned counsel for the Petitioner/Accused 1 as well as learned Additional Public Prosecutor and perused the record.
02.This is a Anticipatory bail application filed by the petitioner/Accused 1 under Section 482 of BNSS to enlarge him on bail in Cr.No.86/2026 of
Amalapuram Taluka Police Station for the offense punishable under
Section U/s.34(a) of A.P. Exice Act.
03. The Addl. Public Prosecutor received the notice, opposed the bail of the petitioner/Accused 1.
04.In brief, on 30.04.2026 at 2.00 PM, basing on information about transport of illicit liquor, Amalapuram Taluka P.S. along with his staff 2 proceeded to the near house of Rajalapudi Rajesh in Kamanaguruvu
Village, and stopped a car which was arrived there. Immediately the S.I of
Police of Amalapuram Taluka along with his staff , surrounded the vehicle and checked the vehicle and arrested Accused 2 and Accused 3 and seized 1) 500 ML Budweiser Magnum Tin Beers – 86 (MRP Rs 140 x 86 = 12040/-). 2) 500 ML Budweiser King of tin Beers -44 (MRP Rs 122 X 44 = 5368/-) total Tin Beers 130 and total worth 17408/- from the possession of accused A2 & A3 and seized the Hundai santro Asta car bearing No
AP05EM1679. The accused 2 and 3 purchased said non duty paid illicit liquor bottles at Yanam. So the S.I of Police prepared Occurence Report in the presence of their staff and for in which the A2 and A3 said that the
A1 had asked them to go to Yanam and bring tin beers for a function at his house, and accordingly they had brought them.
05.The learned counsel for Petitioner/Accused submitted that:
1. The Petitioner/Accused No.1 humbly submitted to this Court that he is the resident of Balantram village of K. Gangavaram Mandal, Dr. BRA Konaseema
District and he is the alleged Accused in the above said crime.
2. The Petitioner/Accused No.1 further submitted this court that the Amalapuram
Taluka Police foisted the false case under Sec. 34(a) of A.P Excise Act against him.
3. Petitioner/Accused No.1 further submitted to this court as per the allegations of the prosecution in the statement given by the De-facto complainant that on 30-04- 2026 at 12:45 A.M. near house of Rajulapudi Rajesh, Kamanagaruvu Village,
Amalapuram Mandal and reported on the same day wherein credible information about transport of the Illicit Liquor, S.1. of Police, Amalapuram Taluka PS along with his staff went to the near house of Rajulapudi Rajesh I Kamangaruvu Village, a car arrived there, immediately, the SI of police along with staff surrounded the vehicle and checked the vehicle and arrested the Accused No.2 Rajulapudi 3
Ganesh, S/o. Narayana rao and A3 Rajulapudi Rajesh, S/o. Varaprasad and seized 1. 500 ML Budweiser Magnum Tin Beers-86 bottles 2. 500 ML Budweiser
King of tin beers- 44 bottles, total tin beers 130 bottles and total worth of Rs.
17,408/- from the possession of A2 and A3 and also seized the Hundai Santro
Asta Car bearing No. AP05EM1679. The accused persons purchased said non duty paid illicit liquor bottles at Yanam, the accused persons said that the
Panchayat Cleaner (A1) has asked them to go to Yanam and bring tin beers for a function at his house and accordingly they had brought them. This is the allegations of the prosecution.
4. Petitioner/Accused No.1 further submitted to the Hon'ble court, that all the allegations made by the De-facto complainant in his complaint are fully false and fabricated case. I further submit that I am an innocent person and I did not commit any offence as alleged by the complainant.
5. Petitioner/Accused No.1 submitted that the facts of the case that as per the confession statement of the A2 and A3, the S.I. of Police foisted the false case against him. Petitioner/Accused No.1 further submitted that he is having some disputes with A2 since long time and having bore grudge, the A2 and A3 gave a false statement against me.
6.The Petitioner/accused No.1 further submitted that he is a law abiding citizen and he is having good reputation in the society. I am a permanent resident of
Balantram village of K. Gangavaram Mandal, Dr. BRA Konaseema District and also working at Panchayat office at Kamanagaruvu Village and I am having wife and old parents and also residential houses. Hence there is no scope to escape from the clutches of this jurisdiction.
7. The petitioner/accused No.1 submitted that he did not file any similar Bail application before any other court and he is apprehended by the police to his arrest.
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8. The petitioner/accused No.1 further submitted to this Court that he is ready and willing to produce sureties and oblige any conditions if any imposed.
9. Therefore the petitioner/accused No.1 humbly prays that the Hon'ble court enlarge him on Bail pending disposal of the case in the interest of justice.
06.The point for consideration is :
“Whether the Petitioner/ Accused 1 is entitled for Anticipatory
bail as prayed for?”
07. Heard the learned Additional Public Prosecutor and counsel for the petitioner/accused .
08.The learned counsel for the petitioners/accused 1 submitted that the petitioner/accused 1 did not commit any offence and he was falsely implicated in this case. Hence, the petitioner/accused 1 is prayed to allow this petition.
09.Learned Additional Public Prosecutor submitted that investigation is not yet completed. Hence, he prayed to dismiss the petition.
10. On perusal of CD and other material available in record, the brief facts on 30.04.2026 at 2.00 PM, basing on information about transport of illicit liquor, Amalapuram Taluka P.S. along with his staff proceeded to the near house of Rajalapudi Rajesh in Kamanaguruvu Village, and stopped a car which was arrived there. Immediately the S.I of Police along with his staff , surrounded the vehicle and checked the vehicle and arrested Accused 2 and
Accused 3 and seized Tin Beers 130 and total worth 17408/- from the possession of A2 and A3 and seized the Hundai santro Asta car bearing No
AP05EM1679. The A2 and A3 said that the A1 had asked them to go to
Yanam and bring tin beers for a function at his house, and accordingly they had brought them.
5 11. It is pertinent to note that as per the decision reported in between State of Rajasthan vs Balchand @ Baliya’s case ( V.R.Krishna Iyer.J ) had observed that, “Bail is a rule, Jail is an exception”. It was further held that , the basic rile may perhaps be tersely put as bail,
In another decision in between Gurubaksh Singh Sibbia vs State of
Punjab, (1980) 2 SCC 565 where in the Honourable Apex Court has held that; “To ascertain the merits of the case it has to be understood that the case is in the pre-trail stage, and it is impossible to prove the actions of the party.
Therefore the legal presumption of innocent till proven guilty is the fundamental rule of criminal jurisprudence that has to be adhered to and the person apprehending arrest has every right to anticipatory bails he is not convicted of any offence yet and the court has to presume him to be innocent” 12. On careful scrutiny of the material available on the record , the case dairy is discloses that, investigation is pending for want of apprehension of accused only. More over the witnesses are official witnesses and they were already examined by the police. So, the question of tampering with the evidence does not arise. It appears that material part of investigation is completed.Further the police did not sought any particular custodian interrogation of A1. So it shows that there is no need to custodial interrogation of the accused No.1. In view of the circumstances and stage of the investigation and by applying the observations made in the referred judgments of the Honourable Apex Court, this court is inclined to use discretionary powers for granting anticipatory bail to the petitioner / accused but by imposing certain conditions. Accordingly the point is answered.
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13. IN THE RESULT, this petition is Allowed. The petitioner/ Accused No 1 shall surrender before the Judicial First Class magistrate, Amalapuram, concerned on or before 30.05.2026. On such surrender, the Judicial First
Class Magistrate, Amalapuram is directed to release the petitioner/ Accused
No.1 on his executing a self bond for Rs. 25,000/- with two sureties for the like sum to his/her satisfaction.
1. The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
2. The petitioner shall make himself available for investigation of the police as and when required and petitioner/accused 1 directed to attend before the station house officer Amalapuram Taluka P.S., concerned on every Saturday in between 10 a.m. to 5 p.m. for a period of two months or till filing of the charge sheet whichever is earlier.
3. Any violation of the above conditions, including failure to appear in court, may attract cancellation of bail upon a separate application presented by the prosecution.
Typed to my dictation, corrected and pronounced by me in the open Court, this the 15thday of May, 2026.
Sd/-Smt.G.Priyadarsini
XIV AdditionalSessions Judge, I/C II ASJ, Amalapuram.