IN THE HIGH COURT.OF ANDHRA PRADESH AT AMAF THURSDAY, THE TWENTY SIXTH DAY OF JUNE, TWOTHOUSANDANDTWENTY FIVE / TJalONOURABLE SRI JJ:TRIEcSEEATiARI HARANADHA SARMA > / EEEE] CRIMINAL PETITION NO: 5873 OF 2025 Between: Kalappa Sai, S/o. Narayana, Aged about 29 years, R/o,Haranathapuram, ChiIIakuru Sangham, Dargamitta, Nellore-524003, S.P.S.R Nellore District. (Accused No. 3 in FIR No.19/2025 of lndukurpeta P.S.) ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, Represented by Public Prosecutor AP High Court through the Station House Officer, Indukurpeta Police Station, SPSFi` Nellore District f~ ...Respondent/Complainant Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2O23 (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 in the event Of arrest tO the petitioner/ 3rd accused namely Kalappa Sai, in connection with FIR Not. 19/2025 of lndukurpeta Police Station, SPSR Nellore District, registered under sections 109, 61 (2),126(2), 324(4), 353(3) read with 3(5) of the Bharatiya Nyaya Sanhita (BNS). Counsel forthe Petitioner : Sri Amancharla Satish Babu Counsel for the Respondent : Assistant Public Prosecutor. The Court made the following ORDER: APHCO10281662025 FREiE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ll [3520] THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE ll PRESENT ll THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CR]IVl[NAL PETITION NO: 5873/2025 BETWEEN: KALAPPA SAI THE STATE OF ANDHRA PRADESH Counsel for the Petitioner/accused: 1 |AMANCHARLA SATISH BABU ...PETl"ONER/ACCUSED H.RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR The Court made the following _._ -+ A' THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 5873 OF 2025 ORDER: 1. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of pre-arrest bail. The petitioner is arrayed as accused No.3 in Cr.No.19/2025 of lndukurpet Police Station, Sri Potti srj+amulu Nellore Distr'lct, which was registered with the allegation of committing the offences under Sections 126(2), 324(4), 351(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The petitioner prays for a direction to release on Bail, in the event of arrest. 3. Heard both sides. 4. Point for determination: (i) Whether the petitioner/accused No.3 is entitled for grant of pre- arrest bail in terms of Section 482 of BNSS? If so, on what terms? Case of the Prosecution :- 5. The case of the prosecution in brief is that one Mungara Malini, 'lnformant, reported to the police on 19.02.2025 that while they were travelling from Nellore to Ravuru Village, Indukurpet MandaI, SPSR Nellore District, at Ponnur Crossroad, unknown persons, seven in number, came in a car and attacked them by hitting the car in which the informant and her son were travelling. Meanwhile, as a person was coming on a bike, the people who tried to attack them escaped, afraid of the person coming on the bike, Qttr* GJ} tifirf, Submissions for the Accused:- 6. (i) Learned counsel for the petitioner further submits that Al and A2 in the case are the brother-in-law and father-in-law of the son of the informant. The daughter of Al was given'l in marriage to the son of the informant. There are matrimonial disputes, including dI'VOrCe PrOCeedI'ngS. The names of Al ll and A2 are not reflected in the FIR, which only mentions unknown persons. (ii) lt is interesting to note that the remand report of A4 shows that A2 and A3 boarded the car in which the accused party was travelling. A2 is the brother-in-law of the son of the informant. The non-mentioning of A2Js name in the FIR creates suspicion. However, it is submitted that the statement of A4, said to be a co-accusedi cannot be the basis to believe the culpability of A3, the petitioner herein. Even as per the version in the remand report, A3 was only the driver of the car. No llSpecific overt acts are attributed against A3, ll ll therefore, the petitioner/Accused No.3 is entitled to the relief prayed for. 7. Learned Assistant Public Prosecutor while strongly opposing the bail submitted that investigation is not yet completed and only 5 witnesses were examined. 8. Upon considering the facts and circumstances of the case, the nature and depth of the allegations, including the submission as to relationship ll between the Al and A2 with the informant party and the alleged pendency of matrimonial dI-SPuteS, the Prayer for grant Of Pre arrest bail found convincing. 9. ln the result, the Criminal Petition is allowed, on the following conditions: _,I-,~ 1) Petitioner is directed to appear before the concerned S.H.O. within '15' days, on such appearance or in the event o`f his arrest, he shall be released on bail in respect of cr.No.91/2O25 of lndukurpet Police Station, Sri Potti Sriramulu Nellore District, which was registered with the. allegation of committing offences under Sections 126(2), 324(4), 351(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, on the condition of Petitioner/Accused No.3 executing bail bonds for Rs|20,000/-with two sureties each for a like sum to the satisfaction of the S.H.O., Indukurpet Police Station, Sri Potti Sriramulu Ne[[ore District. 2) The Petitioner/Accused No.3 and his sureties shall furnish their permanent residential address details and identity part-lculars to the concerned police and keep the Police informed about the change in addressJ if any, time to time. 3) For the purpose of expediting the investigation process, the Petitioner/accused No.3 is directed to appear before the concerned S.H.O./ after release on bail on every alternative Saturdays between 10 a.m. {o 2.00p.m. for a period of two (2) weeks or till filing of the charge sheet, whichever is earlier. 4) The petitioner/accused No.3 shall co-operate with the investigation agency, by furnishing necessary and legally permissible information and he shall not interfere with the investigation process like contacting or influencing the witnesses etc. /I. tat# ' q>ts ``.\ I- 5 \- 5) The petitioner/accused No.3 shall not leave India, Without permission of the concerned Court. sD/-K. KASIRAo ACHARl ll //TRUE COPY// ASSISTAN REGISTRAR I To, . `,....` OFFICER ll 1. The Station House Officer, lhdukurpeta Police Station, SPSR Nellore District. ll ll 2. One CC to Sri Amancharla Satish Babu, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court ofAndhra Pradesh [OUT] 4. One spare copy ll CVSS I_ \ HIGH COURT AHHS,J DATED : 26/06/2025 BAIL ORDER CRLP.No.5873 of 2025 ALLOWED