IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE : PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7364 OF 2025 Between: 1. D Ramana Reddy, S/o Venkat Reddy, Aged about 65 years, R/o D.No.3-79, Madireballu village, Bukkapatnam Mandal, Sri Sathya Sai district. 2. D Mahendra Reddy, S/o D. Ramana Reddy, Aged about 32 years, R/o D.No.3-79, Madireballu village, Bukkapatnam Mandal, Sri Sathya Sai district. 3. D Prasad Reddy, S/o D. Ramana Reddy, Aged about 30 years, R/o D.No.3-79, Madireballu village, Bukkapatnam Mandal, Sri Sathya Sai district. Petitioners/Accused No. 1 to 3 AND The State of Andhra Pradesh, Through S.H.O, Bukkapatnam Police Station, Represented by P P High Court of Andhra Pradesh, Amaravathi. Respondent Petition under Section 482 of BNSS praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners/Accused Nos.1 to 3 on Anticipatory Bail in the event of their arrest in Crime No. 106 of 2024 dated 31.07.2024 the file Bukkapatnam Police Station, Sri Satya Sai district for offences punishable under Sections 118(1), 118(2), 351 (2) r/w 3(5) BNS Counsel for the Petitioner: M/s Ayesha Azma S, Advocate Counsel for the Respondent: Public Prosecutor, High Court of AP THE COURT MADE THE FOLLOWING ORDER on 2 Dr. YLR, J * Crl.P.No.7364 of2025 Dated 06.08.2025 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 petitioners/Accused Nos.1 to 3 for granting of pre-arrest bail in connection with Crime No. 106 of 2024 of Bukkapatnam Police Station Sri Sathya Sai District, registered for the alleged offences punishable under Sections 118 (1), 351 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The case of the prosecution is that due to previous grudges related to a store dealership on 30.07.2024 at about 07.00 A.M., Accused Nos.1 to 6, who belong to one family, attacked the de-facto complainant and his son with iron pipes and sticks, as a result of which the de-facto complainant sustained previous injury on his left elbow while his son sustained bleeding injuries on his head and left hand wrist. Accused Nos.1 to 6 are also alleged to have threatened to harm the de-facto complainant’s family, if they were found in the village. 3. Ms.Ayesha Azma.S, the learned counsel for the petitioners, contends that the petitioners are innocent of the alleged offence and 3 Dr. YLR, J Cri.P.No.7364 of2025 Dated 06.08.2025 have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family. The learned counsel for the petitioners further submits that the petitioner No.1 is aged about 65 years. The petitioner No.2 suffered grievous injuries the same reflects in the charge sheet. A case and counter were registered against the petitioners and the de-facto complainant and others. Investigation in the case is completed and urged to grant pre-arrest bail to the petitioners. 4. Per contra, Mr. Neelotphal Ganji, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioners are released on pre-arrest bail, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. As there are specific overt acts attributed against the petitioners by the de-facto complainant and other witnesses, grant of pre-arrest bail in favor of the petitioners may not be considered and urged to dismiss the petition. Heard the learned counsel for the petitioners and the learned 5. Assistant Public Prosecutor. Perused the record. 4 Dr. YLR, J Crl.P.No.7364 of2025 Dated 06.08.2025 6. As seen from the record, on the complaint lodged by the petitioner No.1, a case in Cr.No.105 of 2024 of Bukkapatnam Police Station was registered against the de-facto complainant and others. On the complaint lodged by the de-facto complainant, a case in Cr.No.106 of 2024 was registered against the petitioners. Thus, it is a case and counter case. In fact, in the charge sheet filed by the Investigating Officer, there is no reference about who are the real aggressors and who are the victims. In both cases, so far, no arrests have been effected by the police. This is the anticipatory bail application filed by the petitioners. In the earlier anticipatory bail application filed by all the accused, this Court considered the request of Accused Nos.4 to 6 and enlarged them on pre-arrest bail, stating that Accused Nos.4 to 6 are women. The learned Single Judge of this Court granted pre-arrest bail to the de-facto complainant and other accused in Crl.P.No.5803 of 2025 vide order dated 30.06.2025.. 7. Admittedly, the investigation is completed and the charge sheet is filed. As observed supra, there is no reference about the aggressors of the attack. 8. Considering the facts and circumstances of the case, the gravity and nature of the allegations leveled against the petitioners, the alleged 5 Dr. YLR, J CrI.P.N0.7364 of 2025 Dated 06.08.2025 role played by them in this case, and the fact that case and counter case were lodged and there is no reference about the real aggressors of the assault, this Court deems it fit to grant pre-arrest bail to the petitioners inasmuch as the petitioners also sustained injuries at the hands of the de-facto complainant and others. 9. In the result, the Criminal Petition is allowed with the following conditions: In the event of their arrest, the petitioners/Accused I. Nos.1 to 3 shall be enlarged on bail subject to they executing 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: The petitioners/Accused Nos.1 to 3 shall make themselves available for investigation as and when required: iii. The petitioners/Accused Nos.1 to 3 shall not cause any threat, inducement or promise to the prosecution witnesses: 6 Dr. YLR, J Crl.P.No.7364 of2025 Dated 06.08.2025 The petitioners/Accused Nos.1 to 3 shall appear IV. 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. The petitioners/Accused Nos.1 to 3 shall not leave V. the district limits without the express permission from the Station House Officer concerned. vi. The petitioners/Accused Nos.1 to 3 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passport, they shall submit an affidavit to that effect to the Investigating Officer. SD/- K TATA RAO DEPUTY REGISTRAR /fy //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class, Puttaparthy. The Station House Officer, Bukkapatnam Police Station, Sri Satya Sai District 2. One CC to M/s Ayesha Azma S, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. One spare copy 3. HIGH COURT DR.YLR, J DATED: 06/08/2025 BAIL ORDER CRLP.No.7364 of 2025 ALLOWED