APHC010362602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7623 OF 202S Between: N.Sai Kumar, S/o.N.Venkatamuni, aged about 29 years, R/o.D.No.9- 108/1, Mittur, T.N.Palem, Tirupati Urban, Tirupati District. (A-1) ...PETITIONER/ACCUSED N0.1 AND The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh. (Alipiri Police Station, Tirupati, Tirupati District) ...RESPONDENT/COMPLAINANT Petition filed under Section 438 of Cr.P.C and Section 482 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Anticipatory bail to the petitioner/accused No.1 in the event of his arrest in Crime No. 126 of 2025 dated 21.04.2025 on the file of Alipiri Police Station Andhra Pradesh. Tirupati, Tirupati District 7 0^ Counsel for the Petitioner VARMA / : SRI CHAMARTHY LEELA SRINNIVASA / Counsel for the Respondent: MS.P.AKHILA NAIDU, ASSISTANT PUBLIC PROSECUTOR The Court made the following ORDER : I i'« I? I f APHC010362602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7623/2025 Between: N SAI KUMAR, S/0. N. VENKATAMUNI, AGED ABOUT 29 YEARS, R/0. D. NO. 9-108/1, MITTUR, T.N. PALEM, TIRUPATI URBAN, TIRUPATI DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 ofCr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to grant pre-arrest bail to the petitioner/accused no. 1 in the event of his arrest in Crime No. 126 of 2025 dated 21.04.2025 on the file of Alipiri Police Station, Tirupati, Tirupati District, Andhra Pradesh and pass Counsel for the Petitioner/accused: CHAMARTHY LEELA SRINNIVASA VARMA 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 Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C’) and Section 482 of J» 2 Dr.YLR.J CRL.P.No.7623/2025 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) by the petitioner for granting of pre-arrest bail in connection with Crime No. 126 of 2025 of Alipiri Police Station, Tirupati District, registered for the alleged offences punishable under Sections 109 (1), 115 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). Facts, in brief, of the case are that on 20.04.2025, at about 9:45 PM in Karnam Mittur, Tirupati, the de-facto complainant was stabbed in his back and assaulted by Accused Nos.1 and 2, along with four others, during a Sri Rama procession. The attack was reportedly politically motivated and also involved throwing chili powder and bursting crackers. The de-facto complainant and his brother were rescued by relatives and admitted to SVRR GG Hospital. The incident was reported to the police the following morning. Hence registered. 2. a case was 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Sri Chamarthy Leela Srinivasa Varma, learned counsel for the petitioner submits that the petitioner is sole bread winner of his family, the petitioner has not committed any offence and he was falsely implicated in this case and the petitioner would abide by any condition to be imposed by this court. 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 5. // 3 '/ Dr.YLR.J CRL.P.No.7623/2025 pre-arrest 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. As seen from the record, this is the second pre-arrest bail application filed by the petitioner/Accused No.1. On 09.05.2025, the learned Single Judge of this Court in Crl.P.No.5689 of 2025 dismissed the pre-arrest bail against the petitioner/Accused No.1 on perusing the statements of the witnesses that there are specific allegations levelled against the petitioner/Accused No.1 and no specific allegation levelled against the other Accused. Hence, the request of grant of pre-arrest bail was rejected by this Court on earlier occasion. As seen from the order, seven witnesses were examined and two witnesses suffered injuries in the hands of the petitioner. There are specific over acts attributed against the petitioner/Accused No.1 that he allegedly attacked the de-facto complainant with an intention to do away his life. 6. In view of the above, there are no merits in this petition and the same is 1" liable to be dismissed. 7. 8 Accordingly, the Criminal Petition is dismissed SD/- B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The IV Additional Judicial Magistrate of First Class District. 2. The Station House Officer, Alipiri Police District. 3. One CC to Sri Chamarthy Leela Srinnivasa Varma, 4. Two CCs to the Public Prosecutor, High Court of AP 5. Two CD Copies BSV Tirupati, Chittoor Station, Tirupati, Tirupati . Advocate [OPUC] at Amaravati [OUT] high court DATED;29/07/2025 order ORLP NO. 7623 OF 2025 .T-' 01 SEP 20?5 O ! r*-i I Cr, ■ dismissing the ORIIWINAL petition