IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTEENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE .'PRESENT.- CTZ+SLHONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7052 OF 2025 Between : 1. Dodda Thimmaiah Gari Konappa, s/o Dodda Thimmaiah, aged 65 years R/o.ll-29A, DGoIIa Hati, Madakasira Mandal, Anantapur District. 2. Konappa Gari Lokesh, s/o Konappa, aged 45 years R/o.ll/29/-1, DGolla Hati, MadakasI-ra Mandal, Anantapur District. 3. Konappa Gari Jayanna, s/o Konappa, aged 36 years R/o.ll-29A, DGolla Hati, Madakasira Mandal, Anantapur District ...PetI-tiOnerS/Al to A3 AND The State of Andhra pradesh, Rep. by I-tS Public Prosecutor, High Court, at Amaravathi, ...Respondent petition under section 482 of BharatI-ya Nagarik Suraksha sanhjta, 2023 (438 of cr.p.c), praying that in the cI'rCumStanCeS Stated in the memorandum of grounds filed in support of the criminal PetlltiOn, the High court may be pleased to enlarge the petitI-OnerS/Accused No.1 to 3 on Ba" in the event of Arrest I-n crime No. 95 of 2025 on the fI-le Of MadakasI-ra Police station, sri satya saI- District by granting Anticipatory Bail. counsel for the petitioners .-sri sI-Va Nagarjuna sidhadapu Counsel for the Respondent .-Assistant pubII'C Prosecutor. The Court made the followI-ng ORDER: The Court made the following: ORDER-. The Criminal Petition has been fI'Ied under section 482 of the Bhara{iya Nagarik Suraksha Sanhita, 2023 (for brevl'ty fthe BNSSJ) by the petitioners/Accused Nos.1 to 3 for granting of pre-arrest bail in connection with Crime No.95 of 2025 of Madakasira police Station, Sri Sathya Sai District, regI'Stered for the alleged offences punishable under Sections 118 (1),109 (2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity {the BNS'). 2. The case of the prosecution is that the petitioners/Accused Nos.1 to 3 had developed a grudge against the complainant due to a road and land dispute, and previously they had tried to kill the complainant, but he escaped. Further, on 26.06.2025 at 09:00 A.M., while the complainant was going to his lands from his house, in the meantime, Accused Nos.1 to 3, armed with a pickaxe and stick, picked up a quarrel with the complainant and beat him with a stick, causing a blunt inJ-ury On the right sl-de of his back. Accused Nos.1 and 2 tried to beat the complainant with a pickaxe with an intention to murder him, but the complainant escaped from their hands. On hearing the loud cries of the complal-hant, some villagers intervened and rescued the complainant from the clutches of the accused, who then fled from the place. Previously also cases -had _I-I FI--R: i.. ±-T +\ . been registered against the accused under the sos/sTs Act at Madakasira U/G Police Stall-On. Basing on the report of the complainant, a case was regI-Stered agaI'nSt the Petitioners/Accused Nos.1 to 3. 3. Sri Siva Nagarjuna Sidhadapu, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely impll-cated in this case; they are the sole bread wI'nnerS of their family; they are ready to abide any condI-lions tO be imposed by this Court,I and urged to grant pre-arrest bail to the petitioners. 4. Per confra, Ms.P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that investigation is not yet completed; if the petitioners were granted pre-arrest bail, they will repeat the same offence and prays to dismiss the bail petition. 5. Perused the record. 6. On perusal of the averments of the FIR, it is clear that there are specific allegations against Petitioner No.3/Accused No.3, who beat the de-facto complainant with a stick. Therefore, a request for grant of pre- arrest bail for Petitioner No.3/Accused No.3 is not feasible. Insofar as Petitioner Nos.1 and 2/Accused N_os.1 and 2 are -concerned, there are no specifI-C overt acts attributed against them by the de-facto <\- ``s) '_rtyJ \ complainant. Hence, a request for grant of pre-arrest bail to Petitioner Nos.1 and 2/Accused Nos.1 and 2 is justifiable. 7. In view of the above, the petition in respect of peti{I-Oner No.3/Accused No.3, Konappa Gari -Jayanna, S/o. Konappa, is dismissed. 8. ln view of the nature of the allegatI-OnS leveled against the petitioner Nos.1 and 2/Accused Nos.1 and 2 and the gravity of the case, the alleged role played by the petitioners/Accused Nos.1 and 2, this Court deems it fit to grant pre-arrest bail to the petitioner Nos.1 and 2/Accused Nos.1 and 2. 9. ln the result, the Criminal Petition is partly allowed with the following conditions: i. ln the event of their arrest, the peti{joner Nos.1 and 2/Accused Nos.1 and 2 shall be enlarged on bail subject to them executl-ng a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each with two sureties for the like sum each to the satisfaction of the arresting police officials; a.-frrfo Er--I ttdy 4#fa` ii. The petitionerNos.1 and 2/Accused Nos.1 and 2 shall make themselves available for investigation as and when required,I iii. The petitioner Nos.1 and 2/Accused Nos.1 and 2 shall notcauseanythreat, inducement or promise to the prosecution witnesses; iv. The petitioner Nos.1 and 2/Accused Nos.1 and 2 shall appear before the station 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 petitionerNos.1 and 2/Accused Nos.1 and2 shall not leave the district limits without the express permission from the Station House Officer concerned. Sd/- K.TATA RAO Forl //TRUE COPY// SECTION OFFICER To, 1. The Station House OffI'Cer, Madakasira Police Station, Srj Sathya Sai District. 2. One CC to Sri Siva Nagarjuna Sidhadapu, Advocate [opuc] 3. Two cos to Public Prosecutor, High Court ofAndhra Pradesh [OUT] 4. One spare copy r\/CC HIGH COURT Dr.YLR,J DATED: 16/07/2025 BAIL ORDER CRLP.No.7052 of 2025 ALLOWED ;=i¥€. , A £ifeT'c€2jj ue= 17 JULZOH EE=