Extracted from the PDF above. The PDF is authoritative.
=---Jgrca lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE NINTEENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT:
HONOURABLE DR JUSTICE Y. LAkSHMANA R CRIMINAL PE"TION NO: 5738 OF 2025 .,.`.`, Between :
1. P.Rangaswamy, S/o Narayana Swamy, aged about 43 13-647-1, Sastri Nagar, Tadipatri Town, Ananathapuram. 2. P.Padmavathi, W/o Pattipatin Narayana Swamy, aged about 65 yrs, 13-647-1, Sastri Nagar, Tadipatri Town, Ananathapuram. I
3. Raji @Gutta Rajya Lakshmi, W/o Gutta Soma Sekhar, aged about 41 yrs, D.No 3-15-2, AmmaIIadinne Village, Ananthapuram. 4. surekha @pathakamoori s^urekha, D/o Venkata Seshaiah, aged about 31 yrs, D.No 6-35, Balapuram Village, Puluru mandaI, Ananthapuram District. 5. Kondagarikunta Chowdari Naidu, S/o Venkata Peddamma Rangayya, aged about 52 yrs, R/o Kondurigarikunta Village, Putlur Mandal, Ananthapuram District. 6. Dabbara Pedda Peddaiah, S/o Dabbara Narayana, aged about 52 yrs, D.No: 1-A-31, Gannevaripalli, Tadipatri town, Ananthapuram District. 7. Gutta Soma Sekhar, S/o Krishnamurthy, aged about 44 yrs, D.No. 3-15-2, Ammalladinne Village,-Ananthapuram. ...Petitioner/Accused AND The State of Andhra Pradesh, rep. by its Public Prosecutor through SHO, Tadipatri Town P.S., Ananthapuramu Dt. a,BRespondent/Complainant petition under section 438 of Cr.P.C r/w 482 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the criminal Petition, the High Court may bet pleased to grant anticipatory bail to the Petitioners in Cr.No: 43/2024 dated 26-2-2024 of Tadipatri Town P.S., Ananthapuramu Dt. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Ms. Sridevi Ganta, Advocate for the Petitioner and of Public Prosecutor for Respondent, the Court made the following The Court made the following Order: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity {the BNSS') by the petitioners/Accused 1 to 7 for granting of pre-arrest bail in connection with Crime No.43 of 2024 of Tadipatri Town Police Station, Ananthapuramu District, registered for the alleged offences punishable under Section 324 read with 34 of Indian Penal Code (for brevity [the IPC')
2.
The case of the prosecution is that on 26.02.2024 at about 9.20 hrs in fr.ont of the house of the defacto complainant, the Accused 1 to 7 allegedly beat-the complainant with sticks and pipes on his leg and causing blunt injuries and also beat his family members, causing bleeding injuries due to the disputes regarding the construction of a compound wall. 3. Ms. Sridevi Ganta, the learned counsel for the petitioners contends that the petitianers are innocents of the alleged offence and has been
falsely implI'Cated by the police. It is further submitted that the petitioners are the sole earning members of their family land, they are ready to abide any conditions that may be imposed by this court, and i{ is urged to grant pre-arrest bail to the petitioners. 4. Per confra, Mr.Neelotphal Ganji, the. learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the petitioners, submittI'ng that the investigation iS Still underWay and Several mate+ial witnesses remain to be^examined. It is contended that if the petitioners are released on pre-arrest bail, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the-petition be dismissed. 5, Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. The root cause behind the alleged attack on the defacto COmPlainant in this Crime iS a dispute With regard tO compound Wall for the past three months. It appears that there is a civil suit pending in betweem the petitioners and the defacto `complainant. The petitioners lodged a complaint against the defacto complainaht in Crime No. 42 of
2024. There are altogether three injured in this case. The allegatl-ons against the Petitioners are that they had beaten the defacto compiainant '\`--,
and other I'njured With rods and Sticks. Out of three injured, v. Rajeswari suffered grievous injurI-eS aS Per the Wound €erfificate issued by the Medical Officer concerned. There are specific overt acts against the Petitioners. However, the petI-tjOnerS 2, 3 and 4 are the ladies. The Petitioner No.2 is aged about 65 years. 7. Considering the gravity and nature of the allegations leveled against the petitioners, this court deems I-I fit to grant pre-arrest bail to the petitioners 2, 3 and 4.
Whereas, the allegatI'OnS against petitioners 1, 5, 6 and 7 are such that the grievious injuries are suffered by a witness, this Court is not inclined to grant pre arrest bail to them in as much as there is an allegation of takI'ng away forcibly a gold chain weighing about 5 thulas from the neck of one v. sail Jyothi. Therefore, the criminal Petition agaI'nSt Petitioner Nos.1, 5, 6 and 7 is II-able to be disml'ssed. 8. ln the result, the CrI'minaI Petition is partly allowed with the following conditions: I') In the event of their arrest, the petitioners /Accused Nos.2 to 4 shall be enlarged on bail subject {o their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the arrestI'ng POII'Ce Officials;
ii) The petitioners / Accused Nos.2 to 4 shall make themselves available for investigation ®as and when required; iii) The petitioners/Accused Nos.2 {o 4 shall not cause any threat, inducement or promise to the prosecution witnesses; iv) The petitioners / Accused Nos.2 to 4 shall appear ` before the st`ation House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v) The petitioners/Accused Nos.2 to 4 shall not leave the District limits without the express permission from the Station House Officer concerned. vi) The petitioners / Accused Nos.2 to 4 shall surrender their passports, if any, to the investigating.officer. If he, claims that they do not have passports, they shall submit an I affidavit to that effect to the Investigating Officer. / //TRUE COPY// sD/- .K.S ASSISTAN FNIE%iEAg A RAJU ISTRAR SECTION C)FFICER r,.,
To]
1. The Station House OffI-Cer, Tadipa{ri Town Police Station, Ananthapuram District. 2. One CC to Ms.Sridevi Ganta, Advocate [OPUC]
3. Two CCs toPUBLIC PROSECUTOR, High Court of A.P., Amaravati. [ouT]
4. One spare copy.
PSD
HIGH COURT DR.YLR,J DATE : 19/08/2025 ANTICIPATORY BAIL ORDER CRLP.No.5738 of 2025 ALLOWED ==i= = c€ng€ teN asB