Between vs P.P.High Court Of Ap4 on 7 April, 2026

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    Andhra Pradesh High Court – Amravati

    Between vs P.P.High Court Of Ap4 on 7 April, 2026

    APHC010144632026
    
                          IN THE HIGH COURT OF ANDHRA PRADESH
                                        AT AMARAVATI               [3396]
                                 (Special Original Jurisdiction)
    
                        TUESDAY, THE SEVENTH DAY OF APRIL
                           TWO THOUSAND AND TWENTY SIX
                                      PRESENT
     THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
                       CRIMINAL PETITION Nos: 2235 & 1248 / 2026
    Criminal Petition No.2235 of 2026:
    Between:
      KESSIREDDY RAJASEKHAR REDDY, S/O UPENDER REDDY, AGED
      48 YEARS,       R/O LA, JOURNALIST COLONY, JUBILEE HILLS,
      SHAIKPET, HYDERABAD, TELANGANA (PRESENTLY IN JUDICIAL
      CUSTODY AT VIJAYWADA DISTRICT JAIL, ANDHRA PRADESH)
                                         ...PETITIONER/ACCUSED No.1
                                     AND
      1. THE STATE OF ANDHRA PRADESH, THROUGH ADDITIONAL
         SUPERINTENDENT OF POLICE, SPECIAL INVESTIGATIONTEAM,
         GOVERNMENTOF ANDHRAPRADESH,            REP. BY ITS PUBLIC
         PROSECUTOR, HIGH COURT OF ANDHRA PRADESH.
                                        ...RESPONDENT/COMPLAINANT
    Counsel for the Petitioner/accused:
      1. PATIL YUGANDHAR REDDY
    Counsel for the Respondent/complainant:
      1. PUBLIC PROSECUTOR
    Criminal Petition No.1248 of 2026:
    Between:
       RONAK KUMAR JASRAJ PALGOTA, R/O. JASRAJ PALGOTA, AGED
       32 YEARS, OCC BUSINESS R/O. FLAT NO.601, 6TH FLOOR, RAHEJA
       EXCELSIOR BUILDING, TARDEO, MUMBAI 400034
                                      ...PETITIONER/ACCUSED No.51
                                AND
       THE STATE OF ANDHRA PRADESH, THROUGH ADDITIONAL SP,
       CID POLICE STATION, MANGALGIRI, GUNTUR DISTRICT REP. BY
       PUBLIC PROSECUTOR AT HIGH COURT FOR THE STATE OF
       ANDHRA PRADESH AT AMARAVATI.
                                     ...RESPONDENT/COMPLAINANT
                                            2
    
    COMMON ORDER:

    The instant Criminal Petitions under Sections 480 and 483 of

    Bharatiya Nagarik Suraksha Sanhita, 20231 has been filed by the Petitioners

    SPONSORED

    / Accused Nos.1 and 51 respectively, seeking regular bail in connection with

    Crime No.21 of 2024 of CID Police Station, Mangalagiri, Guntur District

    registered for the offences under Sections 409, 420, and 120-B read with

    Sections 34, 37 of the Indian Penal Code, 18602 and Sections 7, 7(a), 8, 13

    (1) (b) & 13(2) of the Prevention of Corruption Act, 19883.

    Case of the Prosecution precisely, is as follows:

    2. The present crime arises out of allegations concerning large-scale

    irregularities in the implementation of the excise policy and functioning of the

    Andhra Pradesh State Beverages Corporation Limited (APSBCL) during

    2019 to 2024. The matter came to light upon a representation made to the

    Principal Secretary to the Government of Andhra Pradesh, on 26.08.2024 by

    one Venkateswara Rao Srinivas, alleging irregularities in the excise policy

    from 2019 to 2024. The report highlighted issues such as unfair

    discrimination in the allocation of Orders for Supply (OFS) of liquor, leading

    to the suppression of established brands and preferential treatment for new

    brands, in violation of existing norms. It also raised concerns about the shift

    from an automated to a manual OFS system, which could allow for

    manipulations. After an enquiry, Principal Secretary referred the complaint to

    CID Police, Mangalagiri, which registered a case in Crime No.21 of 2024
    1 For short ‘BNSS’
    2 For short ‘IPC
    3 For short ‘PC Act
    3

    against unknown persons on 23.09.2024, alleging offences under Sections

    409, 420, and 120-B of IPC. On 05.02.2025, the Government constituted a

    Special Investigation Team (SIT), vide G.O.Rt.No.262 to investigate the

    alleged irregularities in the excise policy and related crimes.

    Arguments advanced at the Bar:

    3. Heard Sri Siddharth Dave, learned Senior Counsel assisted by Sri

    Patil Yugandhar Reddy, learned counsel for the Petitioner / Accused No.1,

    Sri O.Manohar Reddy, learned Senior Counsel assisted by Ms.Shagufta

    Jahan Noor, learned counsel for Petitioner / Accused No.51, and Sri

    Siddharth Aggarwal, learned Senior Counsel assisted by Sri M.Lakshmi

    Narayana, learned Public Prosecutor for State.

    On behalf of the Petitioner / Accused No.1:

    4. Sri Siddharth Dave, Learned Senior Counnsel for the Petitioner /

    Accused No.1 would submit that this is the second bail application filed

    before this Court by the Petitioner seeking regular bail. The first application

    in Crl.P.No.11425 of 2025 was dismissed by this Court vide Common Order

    dated 29.01.2026 mainly on the ground that if the Petitioner is released on

    bail, he may either facilitate the evasion of Accused No.7 in the present

    crime, who is his co-brother from the process of law or impede the efforts of

    the investigating agency to secure his presence. Learned Senior Counsel

    would further submit that the Special Leave Petition filed by the Petitioner

    before the Hon’ble Supreme Court came to be withdrawn with a liberty to

    renew the plea for regular bail at an appropriate stage.
    4

    Learned Senior Counsel would contend that, Accused No.7, who is the

    basis for denial of bail to the Petitioner herein, has surrendered before the

    Investigating Agency on 26.02.2026 in order to cooperate with the

    investigation and has been sent for judicial remand on the same day.

    Subsequently, he was granted regular bail by the Hon’ble Supreme Court on

    20.03.2026. As such, the basis for the denial of bail to the Petitioner by this

    Court stands removed and there are no legal or factual fetters to grant bail to

    the Petitioner, in view of the above substantive change in circumstances.

    Learned Senior Counsel argues that, so far, 15 Accused were arrested

    out of which, 13 Accused were already granted bail. It is submitted that the

    investigation in so far as the Petitioner / Accused No.1 is concerned, has

    been completed and charge sheet has also been filed, however, cognizance

    of the offences has not been taken. It is contended that, prolonged pre-trial

    incarceration without the trial commencing constitutes a violation of the right

    to liberty. Hence, prayed for grant of bail to the Petitioner / Accused No1.

    On behalf of Accused No.51:

    5. Sri O.Manohar Reddy, learned Senior Counsel for Petitioner / Accused

    No.51 would submit that the Petitioner is no way connected with the present

    crime and the allegations levelled against him are baseless. Learned Senior

    Counsel would further submit that, as far as the transactions with regard to

    the bullion entities are concerned, they were carried out in the normal course

    of his business. It is further submitted that there are no specific overt acts

    attributed against the Petitioner / Accused No.51. Learned Senior Counsel
    5

    would contend that the investigation in the present case is completed and

    charge sheet has already been filed. Therefore, further detention of the

    Petitioner / Accused No.51 would be punitive in nature and amount to pre-

    trial punishment. Hence, prayed for grant of bail to the Petitioner / Accused

    No.51. In support of their contentions, learned Senior Counsel has placed

    reliance on the judgments of the Hon’ble Supreme Court in Gudikati

    Narasimhulu and others vs. P.P.High Court of AP4, Sanjay Chandra vs.

    CBI5, Javed Gulam Nabi Shaikh vs. State of Maharashtra6, Manish

    Sisodia vs. Directorate of Enforcement7, Prem Prakash vs. Union of

    India through the Directorate of Enforcement8, Santendra Kumar Antil

    vs. CBI and another9, Deepak Yadav vs. State of Uttar Pradesh and

    another10.

    On behalf of Respondent / State:

    6. Per contra, Sri Siddharth Aggarwal, learned Senior Counsel on behalf

    of State, would submit that, so far as Petitioner / Accused No.1 is concerned,

    there are no change of circumstances from the date of dismissal of his earlier

    bail application. However, it is conceded about the grant of bail to Accused

    No.7 in the present crime, by the Hon’ble Supreme Court of India.

    So far as Petitioner / Accused No.51 is concerned, learned Senior

    Counsel would submit that the investigation so far done established the

    4
    (1978) 1 SCC 240
    5
    (2012) 1 SCC 40
    6
    2024 SCC OnLine SC 1693
    7
    2024 SCC OnLine SC 1920
    8
    AIR 2024 SC 4286
    9
    (2022) 10 SCC 51
    10
    (2022) 8 SCC 559
    6

    active involvement of Petitioner / Accused No.51 in the alleged offences and

    he received substantial amounts from the shell entitled operated by Accused

    No.49 into their bullion concerns, indicating conversion of layered funds into

    bullion and facilitation of cash delivery as part of the proceeds of crime

    distribution network. There are no grounds to grant bail to Petitioner /

    Accused No.51 at this stage. Hence, prayed for dismissal of the petitions.

    7. Having heard the rival submissions on sides, this Court has perused

    the material available on record. Now, the point that arises for determination

    is:

    Whether the Petitioners / Accused Nos.1 & 51 are entitled for the grant

    of regular bail?

    Determination by the Court

    8. The Hon’ble Supreme Court in Manish Sisodia v. Directorate of

    Enforcement11, categorically held that Article 21 serves as a constitutional

    safety valve that can override even the most stringent statutory bars to bail.

    It was also emphasized that prolonged pre-trial detention must not be

    utilized as a tool for punishment, as punishment should only follow a formal

    conviction. In Union of India v. K.A. Najeeb12, the Hon’ble Supreme Court

    also observed that gross delay in trial disposal justifies the invocation of

    Article 21, even in matters governed by laws with restrictive bail provisions.

    11 (2024) 12 SCC 660
    12 (2021) 3 SCC 713
    7

    While reiteration this position of law the Hon’ble Apex Court in Arvind Dham

    v Directorate of Enforcement13 held as follows:

    “18. The right to speedy trial, enshrined under Article 21 of
    the Constitution, is not eclipsed by the nature of the offence.
    Prolonged incarceration of an undertrial, without
    commencement or reasonable progress of trial, cannot be
    countenanced, as it has the effect of converting pretrial
    detention into form of punishment. Economic offences, by
    their very nature, may differ in degree and fact, and
    therefore cannot be treated as homogeneous class war-
    ranting a blanket denial of bail.”

    9. In the case on hand, admittedly, Petitioner / Accused No.1 was

    arrested on 21.04.2025 in connection with the present crime. There is no

    dispute about the fact that the Petitioner / Accused No.1 has joined the

    investigation. The investigation insofar as the Petitioner / Accused No.1 has

    also been completed and he has been in judicial custody from the past

    nearly about one year. Further, no cognizance has been taken and there is

    no likelihood of trial commencing in the near future. It is also not in dispute

    that, the earlier application of Petitioner / Accused No.1 for regular bail was

    rejected primarily on the ground that his release on bail may facilitate the

    evasion of Accused No.7 and impede the investigation. It is now brought to

    the notice of this Court that Accused No.7 has, since, surrendered before the

    Investigating Agency on 26.02.2026, was remanded to judicial custody, and

    has subsequently been enlarged on bail by the Hon’ble Supreme Court.

    Thus, the very basis on which the earlier bail application of the Petitioner /

    Accused No.1 was rejected, no longer survives. This constitutes a

    13
    2026 INSC 12
    8

    substantial change in circumstances warranting fresh consideration of the

    present application.

    10. It is further evident that out of the total Accused, a majority have

    already been granted bail. The investigation, insofar as the Petitioner /

    Accused No.1 is concerned, has been completed and charge sheet has also

    been filed. In such circumstances, continued incarceration of the Petitioner /

    Accused No.1, particularly when cognizance is yet to be taken and trial is not

    likely to commence immediately, would amount to pre-trial detention of an

    indefinite nature. The right to personal liberty under Article 21 of the

    Constitution of India mandates that detention pending trial should not be

    punitive. In that view, this Court is of the considered view that the Petitioner /

    Accused No.1 is entitled to regular bail.

    11. Insofar as the Petitioner / Accused No.51 is concerned, though the

    prosecution has alleged that the Petitioner received funds from entities linked

    to Accused No.49 and converted the same into bullion, at this stage, what is

    required to be examined is whether the continued detention of the Petitioner /

    Accused No.51 is necessary. A careful perusal of the material does not

    prima facie discloses that the transactions, as contended by the Petitioner,

    appear to be part of regular business dealings, which would require detailed

    examination during trial. The contention of the prosecution is that he has

    actively participated in the alleged offences and facilitated transactions

    involving proceeds of crime. However, it is not disputed that the investigation

    has been completed and charge sheet has already been filed. The
    9

    allegations, though serious, are matters to be established during trial. At this

    stage, continued detention of the Petitioner / Accused No.51 would not serve

    any further investigational purpose. In the absence of any specific material

    indicating that he would tamper with evidence or influence witnesses, his

    continued incarceration would also amount to pre-trial punishment.

    12. This Court considered the principles laid down by the Hon’ble

    Supreme Court in the decisions relied upon by the learned Senior Counsel

    for the Petitioners, wherein it has been consistently held that bail is the rule

    and jail is an exception, and that prolonged pre-trial detention ought to be

    avoided when the investigation is complete.

    13. Having regard to the totality of the circumstances, the nature of

    allegations, the stage of the proceedings, the completion of investigation,

    and the change in circumstances insofar as Accused No.1 is concerned, this

    Court is of the considered view that both the Petitioners are entitled to be

    enlarged on bail.

    14. Accordingly, the Criminal Petitions are allowed and the Petitioners /

    Accused Nos.1 and 51 shall be released on bail, subject to the following

    conditions:

    (i) The Petitioners / Accused Nos.1 and 51 shall execute personal

    bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with two

    sureties for a like sum each, to the satisfaction of the trial Court.
    10

    (ii) The Petitioners / Accused Nos.1 and 51 shall surrender their

    passports, if any, before the trial Court and shall not leave India without prior

    permission of the said Court.

    (iii) The Petitioners / Accused Nos.1 and 51 shall appear before the

    Investigating Officer as and when required and shall cooperate with further

    investigation, if any.

    (iv) The Petitioners / Accused Nos.1 and 51 shall not directly or

    indirectly tamper with evidence nor influence, intimidate, or induce any

    prosecution witness.

    (v) The Petitioners / Accused Nos.1 and 51 shall not contact any of

    the prosecution witnesses or co-accused, except during legal proceedings.

    (vi) The Petitioners / Accused Nos.1 and 51 shall file their affidavits

    before the trial Court disclosing all their movable and immovable properties,

    bank accounts, demat accounts, business interests, and financial holdings,

    whether held individually or jointly within a period of two weeks from the date

    of his release.

    (vii) The Petitioners / Accused Nos.1 and 51 shall not make or

    publish or disseminate any information, statement, or post whether in print,

    electronic or social media concerning the present crime till conclusion of the

    trial.

    (viii) The Petitioners / Accused Nos.1 and 51 shall not alienate,

    encumber, or create third-party interests in any property disclosed by them or

    identified by the prosecution, without prior permission of the trial Court.
    11

    (ix) The Petitioners / Accused Nos.1 and 51 shall not operate or

    manage any company, firm, or bank account alleged to have been used in

    connection with the offence, except with prior intimation to the Investigating

    Agency.

    (x) The Petitioners / Accused Nos.1 and 51 shall furnish their active

    mobile numbers to the Investigating Officer and shall be available at all times

    and any change shall be intimated forthwith.

    (xi) The Petitioners / Accused Nos.1 and 51 shall appear before the

    Investigating Agency twice in a month i.e., on 2nd and 4th Sunday between

    10.00 a.m. and 5.00 p.m., until further orders.

    In the event of violation of any of the above conditions, the prosecution

    shall be at liberty to seek cancellation of bail.

    It is also made clear that the observations made in this order are only

    for the purpose of deciding the bail applications and they shall not be

    construed as opinion on the merits of the Crime.

    As a sequel thereto, miscellaneous petitions pending, if any, shall
    stand closed.

    ________________________________________
    Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA
    Dt.07.04.2026
    Note: Issue C.C today
    B/o.

    Dinesh
    12

    HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

    Crl.P.Nos: 2235 & 1248 / 2026

    Dated:07.04.2026
    Dinesh



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