APHC010360152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7444/2025 Between: Pasaluri Obulesh and others ...PETITIONER/ACCUSED(S) AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): Medapati Santosh Reddy Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: ORDER: The Criminal Petition has been filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’)/ Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.3 and 4 on bail in Cr.No.87 of 2025 of Tadipatri Rural Police Station, Anantapuram District, registered against the Petitioners/Accused Nos.3 and 4 herein for the offences 2 Dr.YLR, J Crl.P.No.7444 of 2025 Dated 24.07.2025 punishable under Sections 118(1), 351(2) read with 3(5), 45 ) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The case of the prosecution is that on 07.05.2025 at around 4:00 p.m., at Dastagiri Katta, the accused Nos. 1 to 3, all residents of Sajjaladinna Village, picked up a quarrel with the complainant, Mathesab Ganesh, and his friend Balaiah. They assaulted them with sticks, hands, and legs, causing swelling injuries to the complainant and his friend. They also threatened them with dire consequences. Accused No. 4, Sajjaladinna Raju, is alleged to have instigated Accused Nos. 1 to 3 to assault the complainant. The motive behind the incident appears to be past ill-feeling between the complainant and the accused in the village. Based on the statement of Mathesab Ganesh, a case was registered, and investigation is underway. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. 4. Sri Medapati Santosh Reddy, the learned counsel for the petitioners, submits that the petitioners have not committed any offence; they were falsely implicated in this case; they are sole bread winners of their family; they are ready to abide any conditions to be imposed by this Court; and urged to enlarge the petitioners on bail. 3 Dr.YLR, J Crl.P.No.7444 of 2025 Dated 24.07.2025 5. Per contra, Ms. Akhila Naidu, opposed in granting of bail stating that accusation is well-founded; if the petitioners are granted bail, they will repeat the same offence and urged to dismiss the bail petition. 6. Perused the record. 7. As seen from the statement given by the victim, he stated that the Petitioners/Accused No.3 and 4, along with other accused, beat him with sticks. Therefore, the officer who registered the crime added Sections 118(1), 351(2) read with 3(5) and 45 of ‘the BNS.,’ on 10.05.2025. Whereas, the L.W.1/de-facto complainant, in his statement under Section 161 of ‘the Cr.P.C.,’ mentioned that the Petitioners/Accused Nos.3 and 4, and other accused beat him with an intention to do away him. Therefore, the Investigating Officer was constrained to add Section 109 of ‘the BNS’. So far L.Ws.1 to 5 were examined, and their statements were recorded. The crime was registered on 10.05.2025. The Petitioners/Accused No.3 and 4 were arrested on 05.06.2025 and have been in the judicial custody ever since. for the past 49 days. 8. Keeping into consideration the number of days the petitioners/Accused Nos.3 and 4 have been in judicial custody, the nature of the allegations levelled against them, and their alleged role in the case, this Court is inclined to enlarge the petitioners/Accused Nos.3 and 4 on bail. 4 Dr.YLR, J Crl.P.No.7444 of 2025 Dated 24.07.2025 9. This Court is of the opinion that if certain stringent conditions are imposed on the petitioners for securing their presence before the learned Trial Court for trial, the interest of justice would be met. 10. In the result, the Criminal Petition is allowed with the following conditions: i. The Petitioners/Accused Nos.3 and 4 shall be enlarged on bail subject to them executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), each with two sureties for the like sum each to the satisfaction of the learned VI Additional Sessions Judge, Gooty. ii. The Petitioners/Accused Nos.3 and 4 shall appear before the Station House Officer, Tadipatri Rural Police Station, Anantapuram District, on every Saturday in between 10:00 am and 05:00 pm, till the conclusion of the Trial. iii. The Petitioners/Accused Nos.3 and 4 shall not leave the limits of the District without prior permission from the learned Trial Judge. iv. The Petitioners/Accused Nos.3 and 4 shall not commit or indulge in similar offences in future. v. The Petitioners/Accused Nos.3 and 4 shall cooperate with the investigating officer in further investigation of the case and 5 Dr.YLR, J Crl.P.No.7444 of 2025 Dated 24.07.2025 shall be available to the investigating officer as and when called by him. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24.07.2025 KMS 6 Dr.YLR, J Crl.P.No.7444 of 2025 Dated 24.07.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7444 of 2025 Date: 24.07.2025 KMS