1. The Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, "the BNSS"), by the petitioner/Accused No.2 seeking grant of pre-arrest bail in the event of his arrest in connection with Crime No.88 of 2026, registered for the offence punishable under Section 7(B) read with Section 8(B) of the Andhra Pradesh Prohibition (Amendment) Act, 2020.

2. Sri B. Parameswara Rao, learned counsel for the petitioner, submitted that the petitioner is innocent and has been falsely implicated in the present case. He further submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. He, therefore, prayed that this Court may be pleased to grant anticipatory bail to the petitioner.

3. Per contra, Mr. A. Sai Rohith, learned Assistant Public Prosecutor, opposed the petition and submitted that, if the petitioner/Accused No.2 is granted anticipatory bail, there is every likelihood of his indulging in similar offences and hampering the investigation. Considering the nature and gravity of the allegations, he prayed for dismissal of the petition.

4. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the material available on record.

5. On a perusal of the record, it appears that there are no similar adverse antecedents against the petitioner. The implication of the petitioner/Accused No.2 is primarily based on the alleged confession of Accused No.1. It is the case of the prosecution that the petitioner/Accused No.2 is the supplier of illicit liquor. The petitioner is aged about 26 years and is a permanent resident of East Godavari District, having a fixed place of abode.

6. In this context, it is apposite to refer the judgment of the Hon’ble Apex Court in P. Krishna Mohan Reddy v. State of Andhra Pradesh (2025 SCC Online SC 1157), at Para No.53 (iv) it is held as under:

                  53. From the above exposition of law, the following emerges:

                  (iv) Where such police statement of an accused is confessional statement, the rigour of Section(s) 25 and 26 respectively will apply with all its vigour. A confessional statement of an accused will only be admissible if it is not hit by Section(s) 24 or 25 respectively and is in tune with the provisions of Section(s) 26, 28 and 29 of the Evidence Act respectively.

                  In other words, a police statement of an accused which is in the form of a confession is per se inadmissible and no reliance whatsoever can be placed on such statements either at the stage of bail or during trial. Since such confessional statements are rendered inadmissible by virtue of Section 25 of the Evidence Act, the provision of Section 30 would be of no avail, and no reliance can be placed on such confessional statement of an accused to implicate another co-accused.”

7. Having regard to the nature of the allegations and the facts and circumstances of the case, this Court is of the view that the custodial interrogation of the petitioner is not warranted at this stage. The apprehension of the prosecution that the petitioner may hamper the investigation or commit similar offences can be adequately addressed by imposing appropriate conditions.

8. In the result, the Criminal Petition is allowed with the following stringent conditions:

                  i. In the event of his arrest, the Petitioner/Accused No.2 shall be enlarged on bail subject to him executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each 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, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court.

                  vi. The Petitioner/Accused No.2 shall surrender his passport to the Investigating Officer, if he states that he does not have passport, the Petitioner shall submit an affidavit to that effect.