HON'BLE SRI JUSTICE SUBBA REDDY SATTI
CRIMINAL PETITION NO. 7615 OF 2022
ORDER:-
This petition under Section 438 of the Code of Criminal
Procedure, 1973 (for short "Cr.P.C.") is filed by the
petitioner/A2 for grant of anticipatory bail in the event of his
arrest in connection with Crime No.233 of 2022 of Special
Enforcement Bureau Station, Punganur, registered for the
offences punishable under Sections 34(1) read with 34(a), 14(2)
and 42 of the Andhra Pradesh Excise (Amended) Act, 2020.
2. The case of the prosecution is that on 27.06.2021 at
about 5:15 P.M. during the raid conducted by the Enforcement
Sub-Inspector, along with staff and mediators, in front of house
No.AD2-74, Appinapalli Village of Pedda Panjani Mandal,
Chittoor District, found one female person sitting with one
white colour plastic bag. When she tried to escape, the raid
party apprehended her and seized original Choice Deluxe
Whisky, each 90 ml, totally 4.32 liters of NDPL of Karnataka
State from her possession. On the confession made by A1,
wherein she stated that she purchased said liquor from the
2
petitioner, the above crime is registered in which petitioner is
arrayed as A2 in the above crime.
3. Heard Sri P.V. Venkata Ravi Sankar, learned counsel for
the petitioner and Sri Soora Venkata Sainath, learned Special
Assistant Public Prosecutor for the respondent-state.
4. Learned counsel for the petitioner would contend that after dismissal of the earlier bail application in Criminal Petition No.4794 of 2022, by judgment, dated 16.03.2022 passed in C.C.No.392 of 2021 on the file of learned I additional Judicial Magistrate of First Class, Punganur, petitioner was acquitted in crime No.46 of 2021 of Panjani Police Station, which is also registered for similar offence. He would submit that the acquittal of the petitioner in C.C.No.392 of 2021 would constitute change of circumstances and further submits that material part of investigation is completed. Hence, he submits that petitioner is entitled for pre-arrest bail.
5. Learned Special Assistant Public Prosecutor would contend that there are no changed circumstances in this case and petitioner is not cooperating with the investigation agency. He would contend that petitioner is habitual offender and he is involved in two other crimes i.e. Cr.Nos.106 of 2021 and 116 of 3 2021, in which, huge quantity of liquor was seized from petitioner's possession. He placed reliance on G.R. Ananda Babu v. State of Tamil Nadu and Another1, wherein the Hon'ble Apex Court observed as under:
"7. As a matter of fact, successive anticipatory bail applications ought not to be entertained and more so, when the case diary and the status report, clearly indicated that the accused (respondent No. 2) is absconding and not cooperating with the investigation. The specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by the same Judge."
Therefore, learned Special Assistant Public Prosecutor prays to dismiss the bail petition.
6. Petitioner herein is arrayed as A2 in crime N.233 of 2022 of Special Enforcement Bureau Station, Punganur, Chittoor District. The said crime was registered by the Police on 27.06.2022 for the aforementioned offences. Earlier, this Court, by order, dated 14.07.2022, dismissed Criminal Petition No.4794 of 2022 filed by the petitioner herein on the ground that petitioner is involved in two other crimes and that he is habitual offender. Learned counsel for the petitioner filed copy of judgment in C.C.No.392 of 2021 in which petitioner is 1 2021 SCC Online SC 176 4 arrayed as A2 and the said judgment indicates that petitioner was acquitted. The said judgment was passed on 16.03.2021, i.e. much prior to dismissal of the earlier bail petition. Moreover, disposal of C.C.No.392 of 2021 would not constitute changed circumstances.
7. There are no changed circumstances. Hence, this petition is liable to be dismissed.
8. Accordingly, this criminal petition is dismissed.
_________________________________ JUSTICE SUBBA REDDY SATTI Date :12.10.2022 IKN 5 HON'BLE SRI JUSTICE SUBBA REDDY SATTI Dismissed CRIMINAL PETITION No.7516 OF 2022 12.10.2022 IKN