. .'` `iis IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ~r \.i TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: q§ THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RA CRIMINAL PETITION NO.I 3143 OF 2025 Between : shaik subhan, s/o samiulla, Aged about 21 years, R/a D.No. 3-862, Eswar Nagr, V Kota Town and Mandal, chI'ttOOr Distrl'ct. ...Petitioner/Accused No.2 AND The State of Andhra pradesh, Rep. by j`ts publl-c prosecutor High Court of Andhra pradesh, at Amaravati. ...Respondents petition under sect['on 438 of Cr.P.C & Under sectl-on 482 of BNSS braying that I'n the circumstances stated jn the memorandum of grounds filed in support of the crimI'nal `Petition,-the High Court may be, pleased to grant anticipatory ba" to the petI'tiOner / Accused No. 2 jn the event of hI-S arrest in connect,Ion with crime No. 217 of 2024 under sections 109(1),191(2),191:+ (3),192, 221,121(1),132 I/w 3(5) of BNS on the file of v Kota Urban Poll-Ce Station, chl-t{oor Dl-strict. i I The Petition coming on for h6arjng, upon perus[-ng the petI-tjOn and the; memorandum of grounds filed in support thereof and upon hearing the arguments of SRI SIVAPRASAD REDDY VENATI, Advocate for the'l Ft_1:I_I _ petitioner, and of PUBLIC PROSECUTOR, for the Respondent,I APHCO10146102025 EFEL: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jur[|sdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ``,. [3369] PRESENT THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO £B!ELM I NAL P EI!I!Q±!n!Q±L1_ 43J2 025 Between.I Shaik subhan The State Of Andhra Pradesh H.PETITIONER/ACCUSED AND u|RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused': 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, u/see.482 of the Bharatiya Nagarik suraksha sanhita, 2023, has been filed by the petitioner/A2, seeking anticipatory bail, in Crime No.217/2024 of V.Kota UPS, ChI|ttOOr District. 2. A case hasbeen registered against the petitionerand others forthe offence punishable u/sec.109(1),191(2),191(3),192, 221,121(1),132 I/w 3(5) of B.N.S. 3. Heard learned counsel for the petitioner and the learned AssI'Stant public Prosecutor representing the respondent/state. • 2 4. Case of the prosecution, in brI'ef, iS that, On 03.9.2024 at6.00 am, the complainant, a police constable, along with other police personnel, attempted to disperse a mob gathered at A.K.Kalyana Mandapam, Khajipeta. Then two unknown Muslim persons, part of the riotous crowd, obstructed the comp]ainant from performing his duties and attacked him with an iron rod, caused severe head injuries. The.complainant was rescued by other police personnel amd shifted to community Health Center, .V.Kota for treatment. The petitioner, as the second accused, is alleged to have played a significant role in the incident. 5. Heard. Perused the record. 6. Learned counsel for the petitioner submits that though the defacto complainant/victim has not Sustained any injuries, the involvement of the petitioner in the crime under section 109(1)(a) of B.N.S. and other offences are punishable with less than seven years or up to seven years of imprisonment and prays {o allow the criminal petition. 7. Learned AssllStant -Public Prosecutor submits that the investigation is at crucial stage`in this case and brays {o dismiss the criminal petition. 8. As seen from `the report of the defacto complainant, the petitioner was not identified as an assailant. I lt seems that during the course of investigation some of the witnesses have revealed the identity of the Petitioners. As seen from the record, the petitioner is aged about 21 >_ years and when ascertained from the learned Public Prosecutor, he submits that there is one antecedent reported against the petitioner. 9. A plain reading of the report indicates that the defaCtO COmPlainant has not sustained any injury in the incident in question. The allegations made against him is that an attempt was made Ilo beat him with an iron rod. Thus it is not the case of the prosecution that the defacto complainant was beaten by anybody including the petitioner. The petitioner 'has permanent abode at V.Kota, Chi{toor District, as such there is no possib'IIit'y' of his fleeing away from the justice. Most of the witnesses are official w'ltnesses and hence tamPering Of evidence and hampering of investigation does not arise. 10. Accordingly, the petitioner is directed to surrender before the concerned police station within a period of two (02) weeks from the date of receipt of a copy of the order and on his surrender the petitioner/A2 shall be released on bail o`n 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 the petitioner shall make himself available for investigation as and when required and he .shall not cause any threat, inducement or promise to the prosecution wit'nesses. petitioner shall appear before the Investigating officer concerned on every sunday between 10.00 am and 12.00 noon for a period of two (02) months. .=.^-.- -- -``= ` I 2, lath -~i#ie - 4 *®- 10. Accordingly, the Criminal Petition is allowed. ASSISTANT SD/-M.sRINIwis A --I--_ _ TEAR To, 1. -:.`. { !lT,RUE COPYll i--,_ For SECTIO OFFICE`R The Station Hou;e Officer, v Kota Urban Police Station, Chittoor DistrI-Ct i 2. One CC to SRI. SIVAPRASAD REDDYVENATI Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 4. One spare copy PSR - -|I I ,|¢ iL,3:I..I.:v-,.-J^. HIGH COURT TMR,J DATED : 08/04/2025 ANTICIPATORY BAIL ORDER CRLP.No.3143 of 2025 ALLOWED