Extracted from the PDF above. The PDF is authoritative.
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THE HON’BLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO. 7029 OF 2025
ORDER:-
The Criminal Petition has been filed under Section 438 of ‘the Cr.P.C.,’/482 of ‘the BNSS’ by the petitioners for granting of pre-arrest bail in connection with Crime No. 168 of 2025 of Proddatur I Town Police Station, YSR Kadapa District, registered for the alleged offence punishable under Sections 118(1) read with 3(5) of ‘the BNS’.
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Facts, in brief, of the case are that on 22.06.2025 at about 8:40 p.m., the accused A1 Mekala Jaipal, along with A2 to A10, all residents of Vasantha Peta, Proddatur town, allegedly assaulted the complainant near CSI Church, Rameswaram, using sickles and sticks, causing bleeding injuries to her head, following a dispute that arose earlier on the same day during a prayer service, where church elders, including Mr. Saimon, questioned the previous church elder Mathes (younger uncle of the complainant) regarding the church fund, to which Mathes replied that he would address the issue on the coming Sunday before the pastor, but in the meantime, A1 and his associates allegedly abused Mathes in filthy language and left, after which the complainant informed Mathes and his associates of the incident, leading them to gather near the CSI Church where an altercation occurred and the alleged assault took place. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 2
4. Sri. Shaik Mohammed Ismail, Learned counsel for the petitioners submits that the petitioners are the sole bread winners of their respective families. The petitioners have not committed any offence and they were falsely implicated in this case. The petitioners would abide by any condition to be imposed by this court. 5. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that the injured/victim suffered simple injuries as per the wound certificate issued by the Medical Officer. 6. The petitioners/ accused Nos.1 to 6, 8 to 10 were allegedly involved in the offence punishable under Section 118(1) read with 3(5) BNS (Section 324 read with 34 IPC). There is a case and counter case filed by the petitioners herein and the defacto complainant and other persons in another case vide F.I.R.No.168 of 2025 and F.I.R.No.169 of 2025 of Proddatur I Town Police Station. As per the prosecution, material portion of the investigation is completed and filing of a charge sheet is a mere formality inasmuch as would certificate was also received by the investigating officer. 7. There are specific allegations against the accused No.1 that he has abetted the accused No.5 to beat the victims.
In view of the specific overt acts revealed against the accused No.1 and 5, I am not convinced to grant anticipatory bail to accused Nos.1 and 5 and the case against them is liable to be dismissed. However, in view of the nature of the allegations revealed against the
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other accused i.e., petitioner Nos.2 to 4, 6 to 9/accused Nos.2 to 4, 6, 8, 9, this Court is inclined to consider request of petitioner for grant of anticipatory bail. 8. Accordingly, this criminal petition is allowed with the following directions: a) In the event of arrest of the petitioners, the petitioners shall be enlarged on bail on executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the arresting police officials; b) The petitioners shall make themselves available for investigation as and when required; c) The petitioners shall not cause any threat, inducement or promise to the prosecution witnesses; d) The petitioners shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 05.00 p.m., till filing of the charge sheet. e) The petitioners shall not leave the district limits without the express permission from the Station House Officer concerned. 9. Accordingly, the Criminal Petition is partly allowed. ____________________________ DR JUSTICE Y. LAKSHMANA RAO 21.07.2025 PKR
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THE HON’BLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO. 7029 OF 2025 21.07.2025 PKR