Kothakota Saddam Hussain, vs The State Of Ap,
2022 Latest Caselaw 7764 AP

Citation : 2022 Latest Caselaw 7764 AP
Judgement Date : 12 October, 2022

Andhra Pradesh High Court - Amravati

Kothakota Saddam Hussain, vs The State Of Ap, on 12 October, 2022

        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

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

2021 SCC Online SC 176