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2025 DAILYLAW 24313 (AP)

Muvvala Mahesh v. The State of Andhra Pradesh

CRLP/7156/2025 · 2025-07-20

Y Lakshmana Rao

body2025

Judgment text

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7156 of 2025 ORDER:- The Criminal Petition has been filed under Section 482 of ‘the BNSS (438 of the Cr.P.C.,) by the petitioner/accused No.3 for granting of pre-arrest bail in connection with Crime No.33 of 2025 of Steel Plant Police Station, Visakhapatnam District, registered for the alleged offence punishable under Section 118 (2) of B.N.S. 2. Facts, in brief, of the case of the prosecution are that on 07.05.2025, the de-facto complainant reported that she resides with her family at D.No.8-239, Aganampudi, Vishakapatnam City. Her elder son, Sabbavarapu Saran Kumar, is a Mechanical Diploma student preparing for competitive exams. On 05.05.2025, around 18:10 hours, his friends dropped him off at the walking track in RINL Township. He then proceeded to Ukku Stadium for walking but did not return home. The complainant and her relatives searched the surrounding areas but were unable to find him. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri. B.Nageswara Rao, learned counsel for the petitioner submits that the petitioner is the accused No.3. The petitioner is sole bread winner of his family. The petitioner has not committed any offence and he was falsely implicated in this case. The petitioner 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 some more material witnesses have to be examined; investigation is not completed; if the petitioner is enlarged on bail, he would not be available for the investigation and he would escape from the clutches of law; and urged to dismiss the bail petition. 6. As seen from the record, the petitioner/ accused No.3 is the kingpin in the case. He allegedly instigated A1 & A2 to beat the victim/LW8. After the attack, LW8/victim was hospitalized and he was in hospital for nearly 20 days. He suffered grievous head injuries. He gave a statement under 164 of ‘the Cr.P.C.,’ before the learned Magistrate concerned. Even the learned XIII Additional District and Sessions Judge, Gajuwaka, did not incline to grant pre-arrest bail to the petitioner, as the prosecution submits that there are nearly six cases pending against the petitioner. 7. In view of the nature of the allegations leveled specifically against the petitioner with overtacts and his alleged role played in this case and he being the prime accused in this case, there are no merits to grant pre-arrest bail to the petitioner. Hence, this Court is not inclined to consider request of petitioner for grant of pre-arrest bail. 8. Hence, this criminal petition is dismissed. _________________________ DR JUSTICE Y. LAKSHMANA RAO 21.07.2025. PKR THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7156 of 2025 21.07.2025. PKR