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High Court of Andhra Pradesh · body

2025 DAILYLAW 15057 (AP)

Badapu Appalanaidu, v. The State of Andhra Pradesh

CRLP/4034/2025 · 2025-04-29

K Sreenivasa Reddy

body2025

Judgment text

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1 THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.4034 of 2025 Order: This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner herein/A4, seeking anticipatory bail, in connection with Crime No.51 of 2025 of Chodavaram Police Station, Anakapalli district. 2. A case has been registered against the petitioner herein and others for the offences punishable under Sections 109(1), 118(1), 115(2), 351(2), 126(2) read with 3(5), 137(2) read with 62 of the Bharatiya Nyaya Sanhita, 2023. 3. Case of the prosecution, in brief, is that for the past 20 years, civil disputes were pending between the families of the de facto complainant and A1 in respect of the land purchased by both the families jointly. On 01.03.2025, while the de facto complainant’s husband was taking treatment in the Government Hospital, Chodavaram for the injuries sustained by him, the accused are alleged to have gone to the hospital at about 01.00 pm and tried to kidnap him, but in vain. However, the accused 2 are alleged to have beat the husband of the de facto complainant indiscriminately, resulting in he falling unconscious. 4. Heard. Perused the record. 5. Admittedly, there were long standing disputes between the families of both A1 and the de facto complainant and civil cases were filed against each other in respect of a land. A perusal of the contents of the FIR goes to show that while the husband of the de facto complainant was taking treatment in the Government Hospital, at Chodavaram, on 01.03.2025 all the accused are alleged to have gone there and beat the husband of the de facto complainant. Except stating that all the accused are alleged to have beat the husband of the de facto complainant, no specific overt act has been attributed against them. Learned counsel for the petitioner submits that A1 to A3 were arrested and they were released on bail by the learned IX Additional District and Sessions Judge, Chodavaram, vide order dated 07.04.2025 passed in Crl.MP No.468 of 2025. He further submits that the petitioner herein/A4 is working as a Constable in Indian Army. 3 6. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner herein/A4 on the following conditions. i) In the event of arrest of the petitioner/A4 in the above crime, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. ii) 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. 7. Accordingly, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J Dated:29.04.2025 Nsr 4 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.4034 of 2025 Dated:29.04.2025 Nsr