IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5019 OF 2025 Between: 1. Mulagari Rajesh, Age 32yrs, S/o Ramarao, 2. Goli Daveedu, Age 30yrs S/o Dhanaraju, 3. Goli Srikanth, 3. Age 25yrs, S/o Ismail, 4. Pasupuleti Nagendra Babu, Age 35yrs S/o Venkanna 5. Mulagiri Thirupatamma, Age 50yrs W/o Ramarao 6. Cheekati Sivaji, Age 22yrs S/o Raju 7. Kuccharlapati Teja, Age 20yrs S/o Suresh 8. Goli Ismail, Age 45yrs S/o Mallayya 9. Pasupuleti Naveen, Age 27yrs S/o Srinu Ramalla Venkateswarlu, @ China Venkateswarlu, Age 45 yrs,S/o Papayya All the above are residents of Malapalli Village, Damaracharla Village Kukkunoor Mandal 10. Petitioners/Accused Goli Preethi, Age 25yrs W/o Goli Daveedu, Malapalli, Damaracharla Village, Kukkunoor Mandal. 11. Interested Person AND The State of Andhra Pradesh, rep by its Public Prosecutor at High Court of A.P Amaravati through SHO, Kukkunoor Police Station Respondent/Complainant Petition under Sections 437 & 439 of Cr.P.C, (New Sections 480 & 483 of BNSS, 2023) is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners 1 to 10 on bail in Cr.No. 34/2025, dated 25/04/2025 the file of Kokkunoor Police Station in the court of IX Additional District and Sessions Judge, Kowur on COUNSEL FOR THE PETITIONER : SRI. J RAVI KUMAR COUNSEL FOR THE RESPONDENT : PUBLIC PROSECUTOR THE COURT MADE THE FOLLOWING ORDER APHC010236762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY ,THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5019/2025 Between: Mulagari Rajesh and Others ...PETITIONER/ACCUSED{S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.J RAVI KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS), seeking to enlarge the petitioners/Accused Nos.1 to 10 on bail in Cr.No.34 of 2025 of Kukunoor Police Station Eluru District registered against the petitioners/Accused Nos.1 to 10 herein for the offences punishable under Sections 126(2), 109(1) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2 2. The case of the prosecution, in nutshell, is that on 13.04.2025, the petitioners/Accused Nos.1 to 10 wrongfully restrained the younger brother of the de facto complainant; beat him with sticks, beer bottles and stones. When the de facto complainant tried to resist the accused, they beat him with beer bottles, sticks and stones over his head with an intention to kill him. As a result, the de facto complainant sustained severe bleeding injury over his head and entire body. Hence, the above crime was registered. Heard learned counsel for the petitioners and the learned Assistant 3. Public Prosecutor. Perused the record. Sri J.Ravi Kumar, learned counsel for the petitioners submits that the 4. petitioners were falsely implicated; there are no criminal antecedents against the petitioners/accused; the petitioners have been in judicial custody since 16.04.2025; the petitioners are the sole breadwinners and they would abide by any conditions imposed by this Court. Hence, urged to allow the petition. Per contra, Sri Neelotphal Gunj, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the injuries sustained by the victims are grave in nature and some more material witnesses have to be examined; investigation is not completed; if the petitioners are enlarged on bail, they would not be available for the investigation and they would escape from the clutches of law and urged to dismiss the bail petition. 5. As seen from the record, the petitioners have been in the judicial custody since 16.04.2025. The petitioners are permanent residents of 6. 3 Damaracharla Village, Kukunoor Mandal. If the petitioners are enlarged on bail with stringent conditions, they would not flee away from the clutches of the law, and interest of the justice would be served. Keeping in view of the period of detention undergone by the petitioners 7. in judicial custody for more than 29 days, the nature and gravity of allegations leveled against the petitioners, and their alleged role in the case, this Court is inclined to enlarge the petitioners on bail with the stringent conditions. In the result, the criminal petition is allowed with the following 8. conditions: i) The petitioners shall be enlarged on bail subject to the executing a bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each with two sureties for a like sum each to the satisfaction of the learned Principal Civil Judge (Junior Division), Jangareddigudem, Eluru District. ii) The petitioners shall appear before the Station House Officer, Kukunoor Police Station, Eluru District, on every Saturday in between 10:00 am and 05:00 pm, till \ \ cognizance is taken by the learned Trial Court. iii) The petitioners shall not leave the limits of the District without prior permission from the Principal Civil Judge (Junior Division), Jangareddigudem, Eluru District. \ 4 iv) The petitioners shall not commit or indulge in commission of any offence in future. v) The petitioners shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer. SD/-V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The IX Additional District and Sessions Judge, Kovvur 2. The Principal Civil Judge (Junior Division), Jangareddigudem, Eluru District 3. The Superintendent, Eluru District Jail 4. The Station House officer, Kukkunoor Police Station ^ 5. One CC to SRI. J RAVI KUMAR Advocate [OPUC] 6. Two CCs to PUBLIC PROSECUTOR, High Court of A PfOUT] 7. One spare copy / HIGH COURT DR.YLR,J DATED: 15/05/2025 BAIL ORDER CRLP.No.5019 of 2025 ALLOWED f/O > n.'i X tK o