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APHC010281912025 IN THE HIGH COURT OF ANDHRA PRAD^ AT AMARAVATI Bi MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA .CRIMINAL PETITION NO: 5867 OF 2025 Between: D. Venkatesh, S/o. G. Ramanna, aged about 38 years, Occ Agriculture R/o. Door No.2-86, Munimadugu Village, Penugonda Mandal, Sri Sathyasai District, Puttaparthi, A.P. ...Petitioner/ Accused No.2 AND The State of Andhra Pradesh, Through Kotha Cheruvu Urban Station, Police Rep. by its Public Sri Sathyasai District, Puttaparthi, Prosecutor, High Court of AP at Amaravati ...Respondent/ Complainant Petition under Sections 438 of Cr.P.C and 482 of BNSS, 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail to the Petitioner/ A2 in the event of their arrest in connection with Crime No. 38 of 2025 dated 21.05.2025 under Sections 126(2), 118(1) 54 r/w 3(5) BNS Act on the file of Kotha Cheruvu U P.S Police Station, Sri Sathyasai District. lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS, praying that, in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interim direction bail to the Petitioner / A2 in the event of their arrest in connection with Crime No. 38 of 2025 dated 21.05.2025 under Sections 126(2), 118(1), 54 r/w 3(5) BNS Act on the file of Kotha Cheruvu U P.S Police Station, Sri Sathyasai District, pending disposal of the above Criminal Petition. Counsel for the Petitioner: Sri Sudhakara Rao Ambati, Advocate Counsel for Respondent: The Public Prosecutor, High Court of A.P. The Court made the following:
J" 1 r APHC010281912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0^(0 // 0 MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 5867 OF 2025 Between:
1. D. Venkatesh,, S/o. G. Ramanna, aged about 38 years, Occ Agriculture. R/o. Door No.2-86, Munimadugu Village, Penugonda Mandal, Sri Sathyasai District, Puttaparthi, A.P. ...Petitioner AND
1. The State of Andhra Pradesh, Through Kotha Cheruvu Urban Police Station, Sri Sathyasai District. Puttaparthi, Rep.
by its Public Prosecutor High Court of AP at Amaravati ...Respondent Counsel for the Petitioner: SUDHAKARA RAO AMBATI Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following:
2 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA CRIMINAL PETITION NO: 5867 OF 2025
ORDER: 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.2 in Cr.No.38 of 2025 of Kotha Cheruvu Police Station, Sri Sathyasai District, which was registered with the allegation of committing the offences under Sections 126 (2), 118(1), 54 r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS). It is reported that Section 238 (a) and 109 (1) BNS are added and Section 118 (2) is likely to be added. But, at a time of remand of accused No.3, Section 109 (1) of BNS Act is shown. 2. The petitioner/accused while denying the allegations claimed that he is sole breadwinner for the family and prays for directions to release on Bail, in the event of arrest. 3. Heard both sides. 4. Point for determination: Whether the petitioners/Accused No.2 is entitled for grant of pre arrest bail in terms of Section 482 of BNSS? If so, on what terms? \ 3 Point:
5. The case of the prosecution, in brief, is that there disputes between Accused No.3, K. Manohar, Anjanayulu @ Bhenisha, particularly concerning certain mango trees and a criminal informant. are pre-existing and the informant, Neeruganti agricultural lands and conspiracy was hatched to eliminate the ii) On 20.05.2025, while the informant two unknown persons riding a two-wheeler which the informant was travelling at that time there picking up onions on the road. Those three attacked the informant with stones was travelling on his motorcycle, came and hit the motorcycle on one more person was present persons alleged to have causing injuries to his head, eye brow, and right hand. Upon noticing people approaching, they ran away from the scene. iii) It is further alleged that Accused No.2, is the brother-in-law of Accused No.3 (K. Manohar). He is said to be an associate of Accused No.1. No.3 made a confession indicating the role of all accused conspiracy to eliminate the informant. Accused persons and The case of the petitioner: 6) The petitioner, who is arrayed Accused No.2, firmly denied the allegations and submits that there are previous disputes between the as petitioner and accused No.3 are the reason to implicate the petitioner/accused
4 No.2 in the present case and the petitioner has no criminal antecedents. He is ready to cooperate with the investigation and abide by any conditions imposed by this Court.
7) The incident is occurred on 20.05.2025, the FIR was registered 118(1), and 54 read with on 21.05.2025 for offences under Sections 126(2) Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. Additional sections. including 238(a) and 109(1), were added subsequently. The learned Public Prosecutor further submitted that seven witnesses are examined, and the investigation is still pending, receiving of wound certificate is awaited and injured is discharged from the hospital. 8. In the remand report of accused No.3, while referring to the conspiracy involving accused No.3 Manohar and accused No.2, it is mentioned that assailants were hired from Hindupur to attack the informant. It was stated by accused No.3, that stones and other weapons were used during the incident, but the names of two other accomplished were not disclosed by him stating that accused No.2 brought the assailants, interrogation of accused No.2 is Therefore, the custodial necessary. On this ground, the pre-arrest bail IS opposed. 9. Upon considering the facts and circumstances of the case, the gravity of the allegations, and the manner of the attack by wearing monkey caps and necessary of custodial Interrogation, It Is found that the petitioner is not
\ 5 entitled to the grant of petitioner. Having regard to the prayer for pre-arrest bail is rejected. pre-arrest bail. The point stands nature and decided against the severity of the allegations, the
10. In the result, the Criminal Petition is dismissed. RAO ASSISTANT REGISTRAR //TRUE COPY// / J.
SECTION OFFICER To,
1. The Station House Officer, Sri Sathyasai District
2. One CC to Sri Sudhakara Rao Ambati, Advocate [OPUC]
3. Two CC-s to the Public Prosecutor, High Court of A P [OUT]
4. Three CD Copies Kotha Cheruvu U P.S Police Station, GPC nm
HIGH COURT DATED:30/06/2025
ORDER CRLP 5867/2025 i 2 4 SEP 2025 ^ m ^ , Curreru iiecuon . K'S' DISMISSING THIS CRIMINAL PETITION