Extracted from the PDF above. The PDF is authoritative.
•". IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR I+ TUESDAY, THE FIRST DAY OF APRIL, \'`\'`t:
TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3020 OF 2025 Betwee n : Mayana Asif Khan, (Shown as Asif in the FIR) S/o. Mayana Muneer Ahamed Khan, Age: 23 Years, R/o.7/70-1, Mochampet, Kadapa City, YSR District, Andhra Pradesh -516001. ...Petitioner/Accused No.3 AND state of Andhra Pradesh, Through its SHO, ll Town U/G Police station, Kadapa, YSR District, Andhra Pradesh. Rep.by.Public Prosecutor, High Court of A.P. ...Respondent/Comp[ainant petition under section 482 of BNSS, 2023/Sec. 438 of Cr.P.C, 1973, is filed praying that in the c-lrcumStanCeS Stated in the grounds filed in support of the criminal pet'ltion, the High Court may be pleased to
®` direct the Petitioner/Accused.No.3 be released on bail in the event of his // arrest in connection with the Cr.No.349 OF 2024, II Town U/G Police Station, Kadapa dated 18.ll,2024. lANO: 1 OF2025 Petition under Section 482 of BNSS, 2023/See. 438 of Cr.P.C., 1973, is filed praying that in the circumstances Stated in the grounds filed in support of the petition, the High Court may be pleased that the present petitioner/A-3 be released on interim-bail in the event of arrest in connection with the Cr.No.349 of 2024, ll Town U/G Police Station, Kadapa dated 18.ll.2024, pending disposal of CRLP 3020 of 2025, on the file of the High Court, The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of M/s Dheera Kanishka, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following
[3369] PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3020/2025 Betwee n : Mayana Asif Khan ...PETITIONER/ACCUSED AND State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1.DHEERA KANISHKA Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court made the following: ORDER:I The Crim'lnal Petit-Ion, u/Sec.482 of B.N.S.S is filed on behalf of the petitioner/A3 to grant anticipatory bail in connection with crime No.349/2024 of ll Town U/G Police Station, Kadapa District. 2. A case has been registered against the Petitioner herein and others for the offence punishable u/Sections 118,109 r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short lB.N.S'). 3.
The case of the prosecution, in brief, iS that, On 16.ll.2024 at about 10.30 p.m., near Mia Bavi, Agadi Street,
2 Kadapa on account -of previous grudges between defacto complainant and Al and A2, Al to A7 waited to kill the defacto complainant and Al and A2 attacked the defacto complainant with knives over his head and caused bleeding injuries and A3 to A7 beat the defacto complainant with hands and legs and when surrounding people rushed there they left the place and thereafter the defacto complainant got admitted in Government Hospital, Kadapa for treatment and later on the report of the defacto complainant, the case was registered. 4. Heard. Perused the record. 5. The learned counsel for the petitioner/A3 submits that although the ingredients of Section 307 of the lPC are appl'lcable, this Section has been included to prevent the petitioner from obtaining regular bail. As seen from the record, A2, A4, A5, and A7 to A10 were remanded to judicial custody and were granted regular bail by the I Additional District Judge, Kadapa, in CrI.M.P.Nos.607 and 612 of 2024, and Crl.M.P.Nos.32, 34, and 38 of 2025. To appreciate the contentions of the petitioner, the Orders passed in Crl.M.P.Nos.607 and 612 of 2024, and Crl.M.P.Nos.32, 34, and 38 of 2025 were reviewed. lt appears that specific accusations were made against the accused, particularly A1, A2, and A4,
•, 3 who allegedly attacked the de facto complainant with knives, while the petitioner, A4 and others are beating the complainant with hands and legs. The learned counsel contends that, as the petitioner was present with A1, A2, and A4, a case was registered against him under section 3O7 of the lPC. Considering the nature of the accusations against the petitioner specifically that he beat the complainant with hands and legs, it is argued that the ingredients of section 307 of the lPC are not applicable in the present case. The petitioner is aged about 23 years. Upon inquiry, the learned Assistant Public Prosecutor confirmed that the petitioner has no prl|or criminal antecedents.
Considering the nature of the accusation, particularly the petitioner's age, this Court is inclined to consider granting anticipatory bail to the petitioner, especially since all other accused have been released on bail, and releasing the petitioner would not hinder the investigation. 6. The learned Assistant Public Prosecutor further submits that, according to the wound certificates, the de facto complainant and others sustained simple injuries. Additionally, seven witnesses have been examined, and the charge sheet was filed on 20.03.2025, as submitted by the learned counsel for the petitioner. The learned counsel for the petitioner also {zzZz9
4 submits that the petitioner has permanent residences in Kadapa - and there is no posJsibI'lity Of his fleeing from the jurisdiction Of the Court. 7. ln viewofthe sal'd reasons, this court is inclined to grant anticipatory bail to the petitioner/A3. 8. Accordingly, the petitioner/A3 is directed to surrender before the Station House Officer concerned within two (2) weeks from today and on such surrender, the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the arresting police officials and also on condition that the petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the Prosecution Witnesses. The petitioner shall appear before the concerning Station House Officer, once in a fortnight, within a period of two months. 9. With the above directions, the criminal Petition is allowed. //TRUE COPY// E=-oE AssISFfti .--t` ?P_!Tu. SR .- G/s TRAR I_ DEVl` L\
__+ To, ~r
1. The I Additional District Judge, Kadapa. 2. The Station House Officer, ll Town U/G Police Station, Kadapa. 3. One CC to M/S. Dheera Kanishka, Advocate [OPUC]
4. Two CCs toPUBLIC PROSECUTOR, High Court of A.P., Amaravati. [OUT]
5. One spare copy. PSD
'! D\\ HIGH COURT TMR,J DATED : 01 /04/2025 ANTICIPATORY BAIL ORDER CRLP.No.3020 of 2025 ALLOWED