Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 24665 (AP)

Koutika Mohan Prakash v. The State of Andhra Pradesh

CRLP/7228/2025 · 2025-08-11

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY. THE TWELFTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7228 OF 2025 !. ■>, 1 •f ; yt-- :4-' f \ » • V ' y ■ ' i Between: Koutika Mohan Prakash, S/o. Koutika Nagendra, Aged about 22 years, Occ: Student, R/o. D.No.8/389-e, Momminabad, Guntakal Town and Mandal, Anatapuram District. Andhra Pradesh. ...Petitioner/Accused no.18 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, at High Court of A.P., Amaravathi, Through S.H.O; of Kasapuram Police Station Anatapuramu District. ...Respondent Petition under Section 482 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner herein/Accused No. 18 on Anticipatory bail in the event of his arrest in Crime No.42 of 2025 dated 22.05.2025 on the file of Kasapuram Police Station, Anatapuram District for the offences registered under Sections 191(3), 333, 109 r/w.190 ofBNS; The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the arguments of Sri V.Nitesh, Advocate for the Petitioner and Public Prosecutor for the Respondent, the Court made the following; \ Y 2 Dr. YLR, J Crl.P.No.7228 of2025 Dated 12.08.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No. 18 for granting of pre-arrest bail in connection with Crime No.42 of 2025 of Kasapuram Police Station, Ananthapuramu District, registered for the alleged offences punishable under Sections 191 (3), 333, 109 read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) 2. The case of the prosecution is that on 22.05.2025, at about 7:45 P.M., the accused, along with some others, formed themselves into an unlawful assembly armed with deadly weapons, i.e., sickles and sticks, and criminally trespassed into the house of the complainant. They attacked him with sickles and sticks with the intent to attempt on his life and caused hacked bleeding injuries on the left side of the head, upper side of the right eye, left-hand ring finger, right-hand first finger, left thigh, below the right knee, and left elbow. The injured was shifted to the Government Hospital, Guntakal, and admitted for treatment. Based on the statement of the injured, the case was registered. Dr. YLR, J Grip.No.7228 of 2025 Dated 12.08.2025 3. Mr. V.Nitesh, the learned counsel for the petitioner, contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and urges this Court to grant pre arrest bail to the petitioner. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined, it is contended that if the petitioner is released on pre-arrest bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law, and urged to dismiss the petition. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the averments in the FIR, there is no reference to the petitioner/Accused No. 18. The rest of the allegations are omnibus in nature, stating that they had formed an unlawful assembly, rioted, and attempted to do away with the life of the de-facto complainant. The 4 Dr. YLR, J Crl.P.No.7228of2025 Dated 12.08.2025 petitioner is of impressionable age, he is aged about 22 years and he is a student, and his name was not referred in the FIR. 7. Considering the gravity and nature of the allegations leveled against the petitioner, the alleged role played by him in this case, this Court deems it fit to grant pre-arrest bail to the petitioner. 8. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of his arrest, the petitioner/Accused No. 18 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials; The petitioner/Accused No. 18 shall make himself available for investigation as and when required; The petitioner/Accused No. 18 shall not cause any Ml. threat, inducement or promise to the prosecution witnesses; The petitioner/Accused No. 18 shall appear before IV. the Station House Officer concerned once in a week i.e. 5 Dr. YLR, J Crl.P.No.7228 of2025 Dated 12.08.2025 on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. The petitioner/Accused No. 18 shall not leave the V. district limits without the express permission from the Station House Officer concerned. SDI- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER For. To, 1. The Station House Officer, Kasapuram Police Station Anatapuramu District. 2. One CC to Sri. V.Nitesh, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of AP [OUT] 4. One spare copy MM HIGH COURT Dr.YLR,J DATED:12/08/2025 ORDER CRLP.No.7228 of 2025 ALLOWED ■5^ CP S a WGS6 m oo ★ ^^PATC^