I [3521 ] ■A ■WY IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY JHE ELEVENTH DAY OF AUGUST " TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7665 OF 2025 V' Between: 1. Boggu Nadipi Subbarayudu, S/o Nadipi Subbarayudu, Aged about 30 years, R/o D.No.3/113, P.Bommepalli Village, Jammalamadugu Mandal, YSR Kadapa District, Andhra Pradesh. 2. Boggu Nadipi Subbarayudu, S/o Pedda Subbanna, Aged about 57 years, R/o D.No.3/113, P.Bommepalli Village, Jammalamadugu Mandal, YSR Kadapa District, Andhra Pradesh. Petitioner/Accused A5 & A7 AND State of Andhra Pradesh Rep. By its. Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravathi Respondent/Complainant Petition under Section 480 & 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners/Accused (A5&A7) on Regular Bail in connection with F.I.R No. 319 of 2025 on the file of Jammalamadugu U/G Police Station, YSR Kadapa District, Dated; 11-05-2025 for alleged offences U/S 191(2), 191(3), 115(2), 118(1), 109(1), 103(1) r/w 190 BNS. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri MEDARA SIVA PRASAD Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. Dr.yt«,; Crl.P.No.7665^2025 Dote:11.08.2025 The Court made the following ORDER; The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking enlarge the petitioners/Accused Nos.5 and 7 on bail in Crime No.319 of 205 of Jammalamadugu U/G Police Station, YSR District to registered against the petitioners/Accused Nos.5 and 7 herein for the offence punishable under Sections 191 (2), 191(3), 115(2), 118(1), 109(1), 103(1) read with Section of Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’). 109 2. The case of the prosecution is that, on 10.05.2025, at about 3.30 P.M., a dispute arose between the accused and the de facto complainant regarding the sprinkling of dung water in front of their houses. In connection with this dispute. Accused Nos.1 to 8 formed an unlawful assembly, armed with sticks, and attacked Raja Chowdappa, the de facto complainant and relatives and caused severe bleeding injuries. The injured were shifted to the Government Hospital, Jammalamadugu. While Raja chowdappa shifted to Hyderabad for better treatment, he succumbed to the injuries on the way. Based on the complaint, a case was registered and Accused Nos.5 and 7 were remanded to judicial custody on 23.05.2025. six of their was being 3. Mr.M.Siva Prasad, the learned counsel for the petitioner submits that the petitioners have not committed any offence and they are falsely implicated in this case. The petitioners are the sole breadwinners of their family and they 3 Dr.YLR^ Cri.P.No.7665_2025 Date:U.08.2025 are ready to abide by any conditions to be imposed by this Court. The learned counsel for the petitioners further submits that the petitioners have been in judicial custody from the past 80 days. Originally, FIR was lodged against Accused Nos.1 to 6, but later, FIR was altered pursuant to the death of one Raja Chowdappa, and Section 103(1) of BNSS was added and Accused Nos.7 and 8 were also added. Learned counsel for the petitioners further submits that Accused No.6 had given a report to the police, but the report was neither registered nor dealt with as per law. It was further submitted that Accused No.6 was already enlarged on bail by this Court and it is urged to enlarge the petitioners on bail. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor, opposed the grant of bail stating that some more material witnesses have to be examined and the investigation is not yet completed. If the petitioners are enlarged on bail, they may not be available for investigation and may escape from the clutches of law. The learned Assistant Public Prosecutor further argued that the specific overt acts attributed against Accused No.6 are relatively mild in nature when compare to the allegations against the petitioners/Accused Nos.5 and 7. Investigation is still at threshold. Wound certificate is not yet received and urged to dismiss the bail application. 5. Learned Assistant Public Prosecutor further submits that as Accused No.6 and others are the aggressors. The Investigating Officer has not taken any action pursuant to the report of Accused No.6. 4 Dr.YLRJ CH.P.No.7665_2025 Date:n.08.2025 6. The allegation against Accused No.5 is that he beat the de facto complainant with a stick on her left hand wrist region and caused grievous injury. It was also alleged that petitioner No.1/Accused No.5 beat L.W.3 on left hand wrist, it was alleged further that Accused No.7 beat the de facto complainant on his back along with Accused No.1. The petitioners were arrested on 25.03.2025. They have been in the judicial custody from the past 80 days. At the first instance, an FIR was lodged against Accused Nos.1 to 6 for the charge ‘causing grievous hurt and attempt to murder’. Later, the FIR was altered to Section 103(1) of BNS pursuant to the death of Raja Chowdappa. Accused No.6 was granted bail in Crl.M.P.No.7523 of 2025 dated 7. 25.07.2025. As rightly pointed out by the learned Assistant Public Prosecutor^ the allegation leveled against Accused No.6 is relatively milder. The allegation leveled against Accused No.5 is relatively milder than the allegation leveled against Accused No.7. 8. Considering the gravity and nature of the allegations leveled against the petitioner No.2/Accused No.7, this Court feels that Accused No.7 is not entitled for enlargement of bail at this juncture. Hence, petition against petitioner No.2/Accused No.7 is dismissed. 9. Considering the gravity and nature of the allegations leveled against petitioner No.1/Accused No.5 and the period of detention already undergone 5 Dr.YLR,J Crl.P.No.7665_2025 Date:11.08.2025 by him in the judicial custody, this Court deems it fit to enlarge the petitioner No. 1/Accused No.5 on bail with stringent conditions. i. The petitioner No.1/Accused No.5 shall be enlarged on bail subject to he executing a bond for a sum of Rs. 10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate Jammalamadugu. ii. The petitioner No. 1/Accused No.5 shall appear before the Station House Officer, Jammalamadugu Police Station, YSR District on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner No.l/Accused No.5 shall not leave the limits of the District without prior permission from the Station House Officer concerned. The petitioner No.l/Accused No.5 shall not commit or IV. indulge in commission of any offence in future. The petitioner No.l/Accused No.5 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating V. officer as and when required. 6 Dr.YLRJ CrLP.No.7665^20'25 Date:11.08.2025 The petitioner No. 1/Accused No.5 shall not, directly indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her VI. or from disclosing such facts to the court or to any police officer. The petitioner No.1/Accused No.5 shall surrender his vii. passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. Accordingly, the Criminal Petition is partly allowed. 11. SD/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1. The II Additional Sessions Judge Court, Proddatur. 2. The Superintendent, Sub Jail, Jammalamadugu, YSR Kadapa District. 3. The Station House Officer, Jammalamadugu U/G Police Station, YSR Kadapa District 4. One CC to SRI. MEDARA SIVA PRASAD Advocate [OPUC] 5. Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT], 6. One spare copy HIGH COURT DR.YLR,J DATED:11/08/2025 BAIL ORDER CRLP.No.7665 of 2025 PARTLY ALLOWED m ^ 3 WG CO cP *£