Bharatiya Nagarik Suraksha Sanhita, 2023 – S. 482 – Pre-arrest Bail – Grant of – Scope and Consideration –
Petition under Section 482 BNSS, 2023 seeking pre-arrest bail in 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) of the Andhra Pradesh Prohibition and Excise Act, 2023 (APPA) – Allegation that Accused No.1 was caught transporting 192 Tetra Packs of whisky and stated that the liquor was purchased from petitioner/Accused No.2 – Petitioner arrayed as A2 solely on the basis of confession of co-accused –
Held, the confessional statement of a co-accused cannot, by itself, be the basis for implicating another person or bringing him on record as an accused – Principle well settled by the Supreme Court in State (NCT of Delhi) v. Navjot Sandhu, (2005) 11 SCC 600 – No other independent material shown to connect petitioner with alleged offence – Balance of convenience lies in favour of the petitioner – Pre-arrest bail granted subject to conditions.
Result: Criminal Petition allowed. Pre-arrest bail granted on conditions.APHC010506072025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
[3548]
FRIDAY, THE THIRD DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
CRIMINAL PETITION NO:9945 of 2025
Between:
J Vasantha Reddy Alias Vasanth Reddy ...PETITIONER/ACCUSED
AND
The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1.SATHEESH KUMAR EERLA
Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR
The Court made the following:
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ORDER:
Heard,
Sri Satheesh Kumar Eerla, learned counsel for the
petitioner/accused No.2 and the learned Public Prosecutor appearing for
the Respondent-State.
1. The Criminal Petition has been filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner/Accused
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.
2. The case of the prosecution is that on 24.12.2025 at about 08.00
A.M., Near Bairupalli Cross, on V. Kota-Pernumbut Road, V. Kota
Mandal, Accused No.1/M.Reddeppa, was caught during a vehicle check
transporting 192 Tetra Packets of 90 ML Johns Original Choice Deluxe
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
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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.
3. 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 Sandhu1
,
wherein it has categorically observed that the confessional statements
cannot be a basis to bring the other accused or witnesses on record.
4. 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.
5. In view of aforesaid facts and circumstances, this Court finds that
the balance of convenience is in favour of the petitioner/accused No.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,
1
2005 11 SCC 600
2025:APHC:41222
this Court deems it fit to grant pre-arrest bail to the petitioner/accused
No.2.
6. 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;
II. The petitioner/Accused No.2 shall make himself available
for investigation as and when required;
III. 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.
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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 to arrest
the petitioner/accused No.2.
_______________________
TUHIN KUMAR GEDELA,J
Date: 03.10.2025
SRT/KNN
2025:APHC:41222
16
THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA
CRIMINAL PETITION NO:9945 of 2025
03.10.2025
SRT/KNN
2025:APHC:41222
