tIN THE HIGH COURT OF ANE)'HRA PRADESH AT AMARA\4iffi WEDNESDAY, THE TWE.NTY FIFTH DAY OF JUN TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA REDO CRIMINAL PETITION NO: 4733 OF 2025 Between : . ZH.H +> -,,- /,. - ctpr`. \'tI ^` Jahid, S/o.ldarish, Age 44 years, Sikindarm, Hathras, Uttar Pradesh State. ..I Petitioner/A-2 AND The State OfAndhra Pradesh, F{efrn€6-§ented by its public Prosecutor, High Court of Andhra Pradesh z~-''" ... Respondent/Complainant _-=-*>_-.-_'\ Petition under section 480 & #^83 of BNSS is filed, prayI'ng that in the circumstances stated in the affidavit^`-filed in support of the criminal petition, the High Court may be pleasec! to enlarge the petitioner/A 2 on bail in connection with crime No.1 of^2b25, dt. 01-01-2025 on the file of Kirlampampudi police station. The petition coming on for h-aa-ririg,- upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of sRi KADIYAM NEELAKANTESWARA RAO Advocate for the Petitioner, Assistant Public Prosecutor for the respondent and the court made the following. -+ ,_c. ORDER APHCO10222062025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASJA REDDY CRIIVl[NAL PETITION NO.4733 OF 2025 Between : Jahid The State of AP., ..Rep. by its Public Prosecutor. AND ...PETITIONER/A2 ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A-2, seeking regular bail, in Crime No.1 of 2025 of Kirlampudi Police Station, Kakinada district. 2. Origi.nally, a case has been registered against the petitioner herein and others for the offence punishable under Section 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. Subsequently, the section of law was altered to one under Sections 109(1), 121 read with 3(5) of the Bharat'Iya \\.`~. I- 'EEf csEF33- ` E 2 - ~, Nyaya Sanhita, 2023 and SectI'On 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and psychotropllC Substances Act,1985. 3. Brief facts of the case are that, on the intervening night of 31.12.2024/01.01.2025, at about 12.15 am, on NH 16 road near Toll Plaza, NHAI, KrI'ShnaVaram village, Kirlampudi Mandal, while the informant namely Raji Lovaraju, PC 1197 of Kirlampudi Police StatI'On, along With the Sl of Police, Kirlampudi PS and other staff, including Highway mobile staff, was conducting vehicle checking, they stopped the car bearing registratI'On No.UP 81 BD 4243, and,when they were about to check the car, all of sudden, the car driver drove the car ahead rapidly and intentI'OnaIIy hit the informant with the car and ran over with intent to kill him and proceeded towards Rajahmahendravaram side, as a result the informant received contusions on his rI|ght ef3r, right side offace and on hI'S back. Further, on receipt of credible information regarding illegal possession and transportation of Ganja in the above mentI'Oned Car, the police apprehended Al to A4 and found that they were in possession and illegal transportation of 68.6 KGs of Ganja in the car. The contraband, along with crime vehicle and other material, was seized under cover of a mediators report. 4. Learned counsel for the petitioner submits that originally on 31.12.2024, a case has been registered against the petitioner and others for the offence under section 109(1 ) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that they drove the Car in a rash and negligent manner, hit the l'nformant with the Car and ran over with intent to kill him and proceeded towards Rajamahendravaram side, resultI-ng in sustaining contusions on tL--I EE.I:-,. ca=-E \ I- ---r 3 /I right side of hI-S face and On his back. He further submitted that subsequently i.e. on 02.01.2025, the Section of law was altered to one under sections 109(1), 121 read with 3(5) of the BharatI'ya Nyaya Sanhita, 2023 and Section 8(c) read with 20(b)(ill)(C) of the Narcotic Drugs and Psychotropic substances Act, 1985, with a view to settle the scores. 5. On the other hand, learned Assistant Public Prosecutor submitted that the wound certificate shows that the informant received grievous injuries. 6. Heard. Perused the record. 7. It is pertinent to note that on the intervening night of 31.12.2024, an incident was said to have taken place, and a case for an offence under Section 109(1) read with 3(5) of the Bharatl'ya Nyaya Sanhita, 2023 was registered on o1.01.2025 on the ground that the petitioner and others hit the informant with the Car and ran over with intent to kill him. As on tha+I day, there is absolutely no material to show that the petl'tioner was carrying Ganja in the Car. The police subsequently altered the FIR and added Sectl'on 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 8. Irrespective of the same, the petitioner herein was arrested on 02.01.2025 and since then he is in judI'Cial remand. Learned Assistant Public Prosecutor submitted that as many as 20 witnesses were examined so far and most of the inves{iga{ion has been completed. Since major portion of investigation has been completed and the petitioner is languishing in jail for more =E=Eie a/ / =r= ra a than 175 days, this court is incII-ned tO grant baI-I to the petitioner herein, on the following conditions. (i) The petitioner herein shall be released on bail on his executing personal bond for Rs.25,000/- (Rupees twenty Five thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First class, Prathipadu. (ii) On release, the petI®tiOner Shall appear before the Station House Officer concerned everyday between 10.00 a.m. and 01.00 p.m., till filing of the charge sheet. (iii) The petitioner shall not leave Sjkindaram village, Hathras distrI-Ct, Uttar Pradesh state without prior permission of the Court and he shall make available his location through his mobile phone by pairing it with the mobile phone of the investigatI-ng Officer round the clock. 9. Accordingly, the Criminal Petition is allowed. -t _-=|--_-,(`.. SD/-SHAIK MOHD. RAFl ASSISTANT R ISTRAR //TRuffiF COPY// To, SECTION OFFICER 1. The Judicial First Class MagistraAte, Parttipadu. 2. The Superintendent, central prison, Rajahmundry. 3. The SHO, Kirlampudi Police Station, Kakinada District. 4. One CC to SRI. KADIYAM NEELAKANTESWARA RAO Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh.[ouT] 6. One spare copy E \\-i ifrfu..:.,tq:-.,-.-I - - .-. HIGH COURT SRK, J DATE D.. 25/06/2025 BAIL ORDER CRLP.No.4733 of 2025 f ALLOWED