lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRTIETH DAY OF JUNE, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA RE' ''\ .i CRIMINAL PETITION NO: 4762 OF 2025 Between : 1. Mustakim, c/o lbrahl'm, s/o Mohammad Varis, A/30 years, C/Muslim, Asik All- Road, S.k. Lodge, madrasewalli, Galibhujpura KoiI, Aligarh, Uttara Pradesh State. 2. Mohammad zakir Kha, S/o FarahiI Khan, A/33 years, C/Muslim, Asik AIi Road, S.k. Lodge, madrasewaIIi, Galibhujpura KoiI, AIigarh, Uttara Pradesh State. Petitioners/Accused No.3 & 4 AND The State of Andhra Pradesh, Rep by Public Prosecutor, High court of Andrha Pradesh through s.H.O., Kirlampudi P.S, East Godavari District. Respondent/complainant Petition under section 480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the criminaIPetition, the High Court may be pleased to grant bail to the petitioners/Accused No.3 & 4 in Cr.No. 01/2025 of kI®rlamPudi P.S. The petition coming on for hearing, upon perusing the petl'tI-On and the affidavit filed in support thereof and upon hearing the arguments of sri. BHASKAR PREM KOUSHIK Advocate for the petI-tl-OnerS and of PUBLIC PROSECUTOR for the Respondent; The Court made the following ORDER: HONJBLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition NoI4762 of 2025 Order: This Criminal Petition, under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A-3 and A-4, seeking regular bail, in Crime No.1 of 2025 of Kirlampudi Police Station, Kakinada district. 2. Originally, a case has been registered against the petitioners herein and others for the offence punishable under Section 109(1) read with 3(5) of the Bharatiya Nyaya SanhI'ta, 2023. Subsequently, the Section of law was altered to one under Sections 109(1), 121 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 8(`c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Brief facts of the case are that, on the intervening night of I 31.12.2024/01.01.2025, at about 12.15 am, on NH 16 road near Toll Plaza, NHAI, Krishnavaram village, Kirlampudi Mandal, while the informant namely Raji Lovaraju, PC 1197 of Kirlampudi Police Station, along with the S' of Police, Kirlampudi PS and other staff, including Highway mobile staff, was conducting vehicle checking, they stopped the Car bearing registration 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 intentionally 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 right ear, right side of face and on his back. Further, on receipt of i,.~ \` < --ft` `= - 2 ~t credible information regardl'ng illegal possession and transportation of Ganja in the above mentioned car, the police apprehended Al to A4 and found that they were in possession and l'llegal transportation of 68.6 KGs of Ganja l'n the car. The contraband, along wI-th Crime vehicle and other material, was seized under cover of a mediators report. 4. Learned counsel for the petitioners submits that origina"y on 31.12.2024, a case has been registered against the pe{jtjoners herein and others for the offence under sect]|on 109(1) read wI-th 3(5) of the Bharat['ya Nyaya sanhj{a, 2023, alleging that they drove the car jn a rash and negligent manner, hl|t the informant with the car and ran over with in{en{ {o kill him and proceeded towards Rajamahendravaram side, resulting in sustajnjng contusions on right.sI-de Of his face and on his back. He further submitted that subsequently i.e. on o2.01.2025, the sectI|On Of law Was altered to one under sectI'OnS 109(1), 121 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and SectI'On 8(c) read with 20(b)(Ii)(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 receI'Ved grievous jnjurI'eS. 6. Heard. perusedtherecord. 7. lt I-S Pertinent to note that on the I-ntervenI-ng nl-ght of 31.12.2024, an I-nCident was said to have taken place, and a ``- `.`a «Z 3 /I case for an offence under section 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 was registered on 01.01.2025 on the ground that A-1 to A4 hit the informant with the Car and ran over with intent to kill him. As on that day, there is absolutely nO material to show that the petitioners were Carrying Ganja in the car. The police subsequently altered the FIR and added Section 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 8. Irrespective of the same7 the Petitioners herein Were arrested on o2.01.2025 and s'lnce then they were in jud'lcial remand. Learned Assistant Public Prosecutor submitted that as many as 20 witnesses were examined so far and most Of the investigation has been completed. Since major portion of investigation has been completed and the petitioners are languish'lng in jail for more than 178 days, this Court -ls inclined to grant bail to the petitioners herein, on the following conditions. (i) The pet-ltioners herein shall be released on bail on their executing personal bond for Rs.25,00O/- (Rupees twenty Five thousand only) each with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Prathipadu. (ii) On release, the petitioners 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 petitioners shall not leave Ko-lI Village, Aligarh District, Uttar Pradesh State without prior permission of the Court and they shall make available their location through their s-,,=---}f+ I - 4 r, mobile phone by pairing j{ with the mobile phone of the I'nVeStigating officer round the clock. 9. Accordingly, the crl'minal petition is allowed. SD/-K. SR!NI\/ASA `RAJU //TRUE COPY// A-SSISTANT EGISTP`AR To, .`4` \1. SEC"ON OFFICER 1. The Judicial Magl'strate of First CIass, Prathjpadu, Rajamahendravaram Distrjc{. 2. The SuperI'ntendent, Central prison, Rajahmundry. 3. The Station House officer, KI-rlamPudj PoI]'ce Station, East Godavari District. 4. One CC to Sri. BHASKAR PREM KOUSHIK, Advocate [opuc] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra pradesh, Amaravati. [ouT] 6, Onespare copy JSS \~ L*.I HIGH COURT SRK] J DATED : 30/06/2025 BAIL ORDER CRLP.No.4762 of 2025 ALLOWED