SHAIK SAMIULLA @ SHAMIVULLA v. THE STATE OF ANDHRA PRADESH
CRLP/5672/2025 · 2025-06-30
K Sreenivasa Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19612 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19612 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl TUESDAY, THE FIRST DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT:
HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 5672 OF 2025 Between :
1. Shaik Samiulla @ shamivulla, S/o. Shaik Latheef Basha, Aged about 27 years, R/o. H. No. 6-87, Kummari Peta, Nandikotkur Town, Nandyai Distrl'ct -518 401. 2. Shaik Javeed @ Javeed, S/o. Shaik Abdul Farooq, Aged about 28 years, R/o. H. No. 6-406, Pagidyala Road, Nandikotkur Town, NandyaI District -
518401. 3. Pinjari Noor Basha @ Gounda `Noor, S/o. Pinjari Basha Valj] Aged about 32 years, R/o. H. No. 33 A / 3-6 / 33, Sangaiah Peta Nandikotkur Town, NandyaI District -518 401. 4. Shaik Usman Basha @ Gounda Usman, S/o. Shaik Azlsmiyya, Aged about 38 years, R/o. H. No. 22-43B, Gandhinagar, Nandikotkur Town, Nandyal District -518 401. ...Petjtjoners/Accused No.2 to 5 AND The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court Buildings, Through Nandikotkur p.s., Nandyal District. . u Respondent/Complainant Petition under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (438 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Court may be pleased to grant anticipatory bail jn the event of petitioners arrest in crime No. 46 of 2025 dated 14.04.2025 on the file of Nandikotkur Police Stall-on, Nandyal District in the interest of justice. Counsel forthe Petitioners : srl-varun Byreddy Counsel for the Respondent : public Prosecutor. The Court made the following ORDER: ®J 1`¥`S.. -_,<-, . -_ri'+ _e>--_I. ,`, `` I ,A / -~-|_`-a • i rTrty i ,?.3?£.?£..9.i -t(,¥, :-....2 '€ 1 ~ `, -` .` -`.` APHCO10275562025 E]HE ELE=EERE IN THE.HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3327] PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY _c_RIM[NAL PET]T[ON NO: 5672/2025 Betwee n : sha'lk samiulla @ shamivulla and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT counsel for the petitioner/accused(S):
1.VARUN BYREDDY counsel for the Respondent/comPlainant:
1.
PUBLIC PROSECUTOR The Court made the following: ORDER:- The Criminal Petition, under Section 482 of the BNSS, is filed on behalf of the petitioners herein/A2 to A5 to grant anticipatory bail in connection with crime No.46 of 2025 of Nandikotkur Police Station, Nandyal District, registered for the OffenCeS Punishable under Sections 115(2),118(1) and 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita,
2023. 2. According to the case Of the Prosecution, th'lS iS an incident involving simple hurt followed by criminal intimidation, Which OCCurred On 13.04.2025 at around 18:15 hours at Hidayathulla Office, near the Water Tank, Nandikotkur Town, Nandyal District. The allegation is that A1 `--.--.-.`
retained the motor'cycle and cell phone belonging to the defacto complainant's son-in-law as security for repayment of a debt. To settle the debt and take back the motorcycle and cell phone, the defacto complainant and his son-in-law went to A1 's office. At that time, Al to A5 allegedly spoke to them rudely, questioning, "Who are you to pay the debt". During the ensuing verbal exchange, a .physical altercation occurred. lt is alleged that A2 struck the defacto complainant on the face with an iron rod, causing a 'bleeding injury. The remaining accused allegedly assaulted them with hands and legs and issued threats Of dire consequences that they would kill them and bury them. When residents from the surrounding area came outside upon hearing the commotion, the accused fled from the scene. Thereafter, the defacto complainant and his son-in-law went to the hospital for treatment, and after receiving medical care, they approached the police station and lodged a complaint. 3. Heard. Perused the record. 4. The learned counsel for the petitioners Submits that all the allegations are primarily directed against A1, arising out of disputes between Al and the defacto complainant. On the date of the incident, petitioner No.1/A.2 is alleged to have beaten the victim With an iron rod, causing a bleeding injury. As regards Accused Nos. 3 to 5, a bald allegation has been made that they beat the victim on both legs and hands. Except this allegation, there is no other material on record to connect petitioner Nos. 2 to 4/A3 {o A5 to the alleged offence. 5.
ln view of the aforesaid facts and Circumstances Of the Case, this court is inclined to consider request of petitioner Nos.2 to 4/A3 to A5 for grant of anticipatory bail, however, on certa'ln cond'ltions. ;.`` \-- \.. • I-
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6. Accordingly, in the event of their arrest, Petitioner Nos.2 to 4/A3 to A5 shall be released on bail on each Of them executing a Personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties each for the like sum to the satisfaction of the arresting POliCe Officials, and also on condition that the petitioner Nos.2 to 4/A3 to A5 shall make themselves available for investigation as and when required and that they shall not cause any threat, inducement Or Promise tO the prosecution. witnesses. The petitioner Nos.2 to 4/A3 to A5 shall appear before the Station House Officer concerned once in a week i,e. on every Saturday, between 10.00 a.m. and 01.00 p.m., till filing of the charge sheet. It is made clear that the petitioner Nos.2 to 4/A3 to A5 shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. 7. !n respect of petitioner No.1/A.1, since specific act attributed, this Court is not inclined to grant anticipatory bail to petitioner No.1/A2. 8. Accordingly, the Criminal Petition is partly allowed. //TRUE COPY// / ./ SD/-M.SRINIVAS ASSISTANZgrlsTRAR SECTION OFFICER ForJ To,
1. The Vll Additional District Judge, Kurnool
2. The Station House Officer, :Nandikotkur Police Station, NandyaI District. 3. One CC to Sri Varun Byreddy, Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court ofAndhra Pradesh [OUT]
5. One spare copy CVSS
® I ¢3 H[GH COURT SRK,J DATED:01/07/2025 BAIL ORDER CRLP.No.5672 of 2025 PARTLY ALLOWED