Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 26119 (AP)

Dakkumalla Masthan Rao v. THE STATE OF ANDHRA PRADESH

CRLP/7624/2025 · 2025-08-11

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010368902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWELFTH DAY OF AUGUST | TWO THOUSAND AND TWENTY FIVE ' PRESENT HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7624 of 2025 Between: Dakkumalla Masthan Rao, S/o Sudakar, Aged about 40 Years, R/o H.No. 4-144, Patchala Tadiparru, Patchala Tadiparru Mandal, Guntur District, A.P. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Through SHO, Ponnur Rural Police Station, Guntur District Represented by PP High Court of Andhra Pradesh, Amaravathi. ...Respondent/Complainant Petition under 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 enlarge the Petitioner/Accused No. 1 on Anticipatory Bail in the event of his arrest in Crime No. 79 of 2025 on the file of the Ponnur Rural Police Station, Guntur District, for offence punishable under 329(4), 115(2) r/w 3(5) and altered section of 105 of BNS. Counsel for the Petitioner : Sri Phani Kiran.M Counsel for the Respondent : Public Prosecutor The Court made the following order: / APHC010368902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7624/2025 Between: DAKKUMALLA MASTHAN RAO, S/0 SUDAKAR, AGED ABOUT 40 YEARS, R/0 H.NO. 4-144, PATCHALA TADIPARM, PATCHALATADIPARRU MANUAL, GUNTUR DISTRICT, A.P. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Through. SHO. Ponnur Rural Police Station, Guntur District Represented by PP High Court of Andhra Pradesh, Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: PHANI KIRAN.M Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, j Crl.P.No.7624 of2025 V 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.1 for granting of pre-arrest bail in connection with Crime No.79 of 2025 of Ponnur Rural Police Station, Guntur District, registered for the alleged offences punishable under Sections 329 (4), 115 (2) read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) 2. The case of the prosecution is that on 29.04.2025, at about 08.30 p.m., based on the hospital statement of the complainant, it was stated that on 27.04.2025, at about 02.00 p.m., while he was present in his house, the accused criminally trespassed into the house, quarreled with him, and beat him with their hands on the chest, as a result of which he sustained swelling injuries on the chest. This incident arose due to some previous petty disputes between the complainant and the accused. The complainant was first shifted to CMC, Ponnur, for treatment, and from there he was referred to GGH for better treatment, where he gave a statement about the occurrence. 3 Dr. YLR, J Crl.P.No.7624 of 2025 Dated 12.08.2025 Mr.Phani Kiran.M, 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, he is ready to abide any conditions that may be imposed by this Court, and it is urged to grant 3. pre-arrest bail to the petitioner. 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. In view of the foregoing, it is urged that the petition be dismissed. 4. / / Heard the learned counsel for the petitioner and the learned 5. Assistant Public Prosecutor. Perused the record. As seen from the record, there are specific overt acts attributed against the petitioner, there are no merits for grant of pre-arrest bail to the petitioner. Hence, there are no merits in the Criminal Petition and it is liable to be dismissed. 6. 4 Dr. YLR, J Crl.P.No.7624 of2025 Dated 12.08.2025 as per counsel for the petitioner, liberty is granted to Jurisdictional Magistrate of receipt of copy of this the learned Court said application in on its own merits by giving due opportunity concerned, and pass appropriate orders within a reasonable time, preferably in two (02) days. 7. In the result, the Criminal Petition i the request of the learned the petitioner to surrender before the learned IS dismissed. However concerned within one (01) week from the date order, and move an appropriate application before Jurisdictional Court concerned. The learned Jurisdictional concerned shall make endeavor to dispose of the accordance with law, hearing to the Public Prosecutor of Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// \ SEenON OFFICER To 1. The Station House Officer, Ponnur Rural Police Station, Guntur District 2. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 3. One CC to Sri Phani Kiran.M, Advocate [OPUC] 4. Two CD Copies TK vna HIGH COURT DATED: 12/08/2025 ORDER CRLP No.7624 of 2025 DISMISSING THE CRIMINAL PETITION