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2025 DAILYLAW 13384 (AP)

NALLAGANDLA NEMILAIAH v. THE STATE OF ANDHRA PRADESH

CRLP/3415/2025 · 2025-04-09

T Mallikarjuna Rao

body2025

Judgment text

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APHC010161842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY-FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL PETITION NO: 3415/2025 Between: Nallagandla Nemilaiah ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. M M M SRINIVASA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: 1. This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), has been filed by the Petitioner/proposed accused, seeking anticipatory bail, in connection with Crime No.05 of 2025 of Giddalur Police Station, Prakasam District. 2. A case has been registered against the petitioner/proposed accused and others for the offences punishable under Section 118(1), 326(g) r/w.3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’). 3. The prosecution’s case, in brief, is that on 16.01.2025 at 19.00 hours, the complainant was at Ramalayam Center, keeping previous grudges about land dispute, accused and some others beat the complainant with sticks and 2 stones, then caused blood injuries on right hand ring finger, on left hand index finger, on right hand and on forehead and also the accused were set on fire to the complainant house, then the complainant escaped from the house. Later, the complainant admitted in Area hospital, Giddalur for treatment. Basing on the complaint given by the complainant, Police registered the same as a case in Crime No.05 of 2025 of Giddalur Police Station, Prakasam District. 4. Learned counsel for the petitioner/proposed accused submits that the petitioner is aged about 70 years and he has no antecedents. He further submits that the petitioner’s name was not included in the FIR and subsequently the police have added the name of the petitioner without any proper investigation. He further submits that the case of the petitioner is also on the same footing as that of the case of the accused, who was released on bail vide orders dated 21.03.2025 in Crl.P.No.2271 of 2025. 5. Learned Assistant Public Prosecutor, for the Respondent-State has not disputed the said contentions of the learned counsel for the petitioner. 6. I have heard both sides. 7. I have gone through the orders passed in Crl.P.No.2271 of 2025. A perusal of the record shows that except making omnibus allegations, no specific accusations have been made against the petitioner herein. When ascertained from the learned Assistant Public Prosecutor, he submits that no criminal antecedents have been reported against the petitioner herein and he further submits that the case of the present petitioner is also on the same footing as that of the accused, who was released on anticipatory bail vide Crl.P.No.2271 of 2025. 8. Considering the fact that the accused was granted bail, this Court is of the view that granting anticipatory bail to the petitioner herein will not affect the investigation in any way. The learned counsel for the petitioner submits that the petitioner is permanent residence of Gadikota Village of Prakasam District, and there is no possibility of his fleeing from the jurisdiction of the Court. 3 9. Upon careful review of the available material, as there is no risk of interference with the ongoing investigation by the Petitioner, this Court finds that anticipatory bail can be granted to the petitioner herein under certain conditions: (i) The petitioner is directed to surrender before the Station House Officer concerned within two (2) weeks from today. (ii) On such surrender, the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for a like sum each to the satisfaction of the arresting Police officials. (iii) The petitioner shall cooperate for investigation and he shall appear before the investigation officer as and when his presence is required. (iv) The petitioner shall not cause any threat, inducement or promise to the prosecution witnesses. 10. With the above directions, the Criminal Petition is allowed. Miscellaneous applications pending, if any, in this Criminal Petition, shall stand closed. _____________________________ JUSTICE T.MALLIKARJUNA RAO Date: 09.04.2025 MS 4 THE HON’BLE SRI JUSTICE T.MALLIKARJUNA RAO CRIMINAL PETITION NO.3415 of 2025 Date: 09.04.2025 MS