lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV/ WEDNESDAY, THE THIRTIETH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7690 AND 7703 OF 2025 CRIMINAL PETITION NO: 7690 OF 2025: Between: Eppe Narasappa, S/o. E. Nagasetti, Aged 36 years, Occ. Agriculturist, R/o. D. No. 12-625, p. Kondapuram Village, Pamidi MandaI, Ananthapuramu District. petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, through the station House Officer, Ananthapuram 4th Town Police Station, Ananthapuram D-lstrict Respondent petition under section 480 & 483 of BNSS., is filed pray'lng that in the circumstances stated in the grounds filed in support of the petition, the High court may be pleased to enlarge the petitioner on bail in Crime No. 97 of 2025, on the file of Ananthapuram 4th Town P.S., Ananthapuram District. The petition coming on for hearing, upon Perusing the Petit'lon and the affidavit filed in support thereof and upon hearing the arguments Of Sri. K NARSI REDDY, Advocate for the Petitioner and Of PUBLIC PROSECUTOR for the Respondent; CRIMINAL PETITION NO: 7703 OF 2025: Between : 1. Tholla Naresh @ Naresh, S/o. T. Kullayappa, Aged 28 years, Occ Agriculturist, R/o. 4th Road, Krishnapuramu, Tadipatri Town, Anan{hapuramu Dis'trict. 2. Enumula Ram Mohan @ Ram hinohan, S/o. Enumula Pandu Rangaiah, Aged 26 years, OcC: Agriculturist, R/o. Diguvapalli Village, Tadipatri MandaI, Ananthapuramu District. 3. Dudekula Mabu Peera, S/o. KarnaI Basha, Aged 27 years, Occ Agriculturist, R/o. Diguvapalli Village, Tadipatri MandaI, Ananthapuramu District. 4. Varikuti Aswini, W/o. Bandela Nagendra, Aged 29 years, Occ: Business, R/o. Guruguntla Village, Singanamala Mandal, R/o. 6th Road, Kadapa Road, Tadipatri Town, Ananthapuramu District. Petitioners/Accused No.2 to 5 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, through the station House Officer, Ananthapuram 4th Town Police Station Ananthapuram District. Respondent Petition under Section 480 & 483 of BNSS., is.filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to enlarge the petitioners on bail in Crime No. 97 of 2025 on the file of Ananthapuram 4th Town P.S., Ananthapuram District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support.thereof and upon hearing the arguments of Sri. K NARSI REDDY, Advocate for'the Petitioners and of PUBLIC PROSECUTOR for the Respondent; The Court made the following COMMON ORDER: APHCO10372862025 i - IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7690'and 7703 of 2025 CRIMINAL PETITION NO: 7690/2025 I Between : Eppe Narasappa ` AN'D The State Of Andhra Pradesh Counsel for the Petitioner/accused:- , [3521] ..PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT 1.KNARSI REDDY Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR CRIMINAL PETITION NO: 7703/2025 Between : Tholla Naresh AIias Naresh and Others H.PETITIONER/ACCUSED(S) ...AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAI`NANT -=---- .` Counsel for the Petitioner/accused(S): + 1.K NARSI REDDY Counsel for the Respondent/complajnant: 1. PUBLIC PROSECUTOR The Court made the foIIowI-ng: COIVIIVION ORDER: The Criminal Petition Nos.7690 or2025 and Criminal Petition No.7703 of 2025 have been filed under Sectiohs 437 and 439 of the Code of Criminal procedure, 1973 (for brevity ct-he Cf.F>.`d.I) Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita,``2023 (for brevity fthe BNSS;), by the petitioner/Al and petitioners/A2 to A5 respectively, for granting bail in connect.ion with Crime No.97 of 2025 of Ananthapuram 4th Town Police Station, Anantapuramu District, registered for the alleged offences punishable under Sections 126(2),140 (4), 308(5),118(1),115(2) read with 3(5) of Bharatiya Nyaya Sanhita (for short £the'BNS). 2. Criminal Petition Nos. 7690 of 2025 and 7703 of 2025 are heard and disposed of by way of this common order, as the petit-loners in both petitions are accused in the same crime. 3. The case of the prosecution, in a nutshell, is that the defacto complainant is a married person havI|ng two Children. Previously, Accused No.5 was running a Hotel in Ananthapuramu Town and since one year, she is living wI'th Accused No.1 at Tadipatri Town. When Accused No.5 was at ±=}' =ty Anantapuramu Town, the complainant got acquaintance with Accused No.5 and was talking with her. Even after Accused No.5 settled at Tadipatri Town, the complainant used to call her on phone, Accused No.5 asked the compla'lnant not to call her on phone. However, the complainant continued to -.I...-_I :> call her on phone. In that connection, Accused No.1 reprimanded the complainant not to call Accused No.5 on phone. On 05.05.2025 at 7.45 p.m., Accused No.5 called the complainant on phone and asked him to come near RTC Bus-Stand, Ananthapuramu Town. Hence, the complainant went to bus stand and on'the request of Accused No.5, he was taking her to Kalyandurg Bypass Road, Anantapuramu Town in his auto. At about 8.30 p.m., Al to A4 came in a car bearing No.AP-16-EZ-1411 and stopped the auto of the comp]ainant and forcibly taken the complainant into their car and started going towards Anantap'Llramu Town. When the complainant questioned, the assailants threatened him that they will kill him`and they also beat him with hands and legs and hit him on his stomach with a stick and abused him for - talking with A5 inspite of their warning and further warned that they will take him to the outskirts and break his legs. When the complainant raised hue and cries, the accused left him on the-railway fly over bridge in Anan{apuramu Town and went away. Then, the complainant went to the police station. and preferred the complaint against Accused Nos.1 to. 5. iii=ii== \ I__:______ _ _ 4. Heard the learned counsel for the pe{jtioners and the learned Assistant public prosecutor for the respondent/state. perused the materl-a] on record. 5. Srll K.NarsI-Reddy, the learned counsel for the petitI-Oners contends that the petI'tiOnerS are I'nnOCen{ of the alleged offence and have been falsely implicated by the poII'Ce. It js further submitted that the petitioners are the sole earnl'ng members of their families and, therefore, their continued incarceratl-on would cause undue hardshl-p to their dependents. The petitioners undertakes to strl-ctly adhere to any conditl'ons that may be imposed by {hjs HonJble court. ln lI-ght Of the foregoing, learned counsel prays that the present petitions be allowed jn the interest ofjustI'Ce. 6. perconfra, Ms. P. Akjla Naidu, the learned Assistant public Prosecutor vehemently opposed the grant of bail to the petitioners, submittl-ng that the investigation is still underway and several material witnesses remain to be examined. lt I'S COntended that if the petitioners are released on ba" at this stage, there is a strong II®keII[hOOd that they may abscond, thereby hampering . the ongoing I-nvestl'gatjon and evading the process of law. ln vI-eW Of the foregol-ng, it is urged that the petitI'OnS be dl-smissed. 7, The defacto complajnant js a married man[ Accused No. 5 js also a married woman with whom the defacto complajnant had prevl'ously mal'ntained a relatI-OnShiP, due tO WhI'Ch he used t9~ P9untaCt Accused No.5 occasionally. Accused No.1, who js also a married man, is alleged by the defacto pe-y-=`-_* _ .-.- iiilLL- 4` / complainant to have developed an extramarital relationship with Accused No.5. Thus, two married men are involved in a form of relationship with another married woman, which led to disputes between the defacto complainant and the other accused. 8. The defacto complainant has specifically alleged that Accused No.1, along with the other accused, abducted him for a while and assaulted-him with a stick during the abduction, which was carried out in a car. There are specific overt acts attributed by the defacto complainant against Al that he along with other accused abducted him for a while and kicked him with sticks in the '___ -_- process of abduction in a car. There are no specific overt acts individually attributed against A2 {o A5 except saying that they all fisted the defacto complainant. Accused Nos.2 to 5 were arrested on 06.05.2025 and have been in judicial custody for the past 86 days. Accused No.1 was arrested on 24.06.2025 and has been in judicial custody for the past 36 days, The learned Assistant Public Prosecutor submits that the wound certificate is yet to be received and only four witnesses have been examined so far, 9. In view of the specific overt acts attributed to Accused No.1, the request for bail made by Accused No.1 at this stage is neither convincing nor reasonable. Hence, Criminal Petition No. 7690 of 2025 is liable to be v.+*r*~-\<.-~ | dismissec!. |_\-=>==_*tfi\ _ 10 At this stage, sn K NarsI Reddy, the learned counsel fior petltlOner/Accused No ln crlmlnaI Petlt,on No 7690 of 2025, seeks permlsslon {o wlthdraw the sald petltlon wlth llberty to fJle afresh as and when necessary permlss,on ls granted Accordlngly, cnmlna' Petltlon No 7690 of 2025 I'S dl[smJ'SSed as withdrawn. " As regards the petltloners/Accused Nos2 to 5 fn crJm,hal PetltlOn No 7703 of 2025, they are entltled to be released on baH hay,ng been ln JudIClal custody for the past 86 days, and ln v,ew of the fact that no speclflc lnd[vldual overt acts have been attrlbuted agalnst them by the defac{o COmplajnant. 12 consJderlng the gravity and nature of the allega{IOns levelled aga,nst the petI[JOners/A2 to A5, thelr alleged role ln the case, and the perlod of de{entlon already undergone, thIS Court deems ft approprlate to enlarge the petltIOners/A2 to A5 on baI'' in CrjmI'nal Petl'tjon No. 7703 of 2025, subject to the following strI'ngent condjtjons.I I The petltI'Oners/accused Mos.2 to 5 in crlmI'nal PetitI-On No.7703 of 2025 sha" be released on ba" upon executlng a personal bond for Rs.10,000/-(Rupees ten thousand only) each wI'th two (02) suretl'es for a ll'ke sum each, to the satI'Sfaction of the learned Jud,'clal Magistrate of first class for prohl-bl'tjon and Excl'se, Anantapuramu,- H After release, the petjtloners/accused Nos.2 to 5 In Crl|mlnaI petltIOn No.7703 of 2025 sha" appear befoJ-e the StatIOn House offICer, i.=jJ r=J<q _ + _segiv €r==--_. Ei£iEiiiiEL- 13. Ananthapuram 4th Town Police Station, Ananthapuramu District once a month, on every lSt day of the month between 10.loo a.`m. and 5.loo P.m., till fill-ng Of Charge sheet; lil. The petI'tiOnerS/accused Nos.2 to 5 shall not leave the ll-mI-tS Of the DI'StriCt WI'thOut Prior PermI|SSiOn from the Station House Officer concerned ,I iv. The petitioners/accused Nos.2 {o 5 shall cooperate with the investigatl-ng officer in further investigatI-On Of the Case and shall make themselves available for investigation by the investigating offl-6er as and when requI'red,I v. The petitioners/accused Nos.2 to 5 shall not commI't Or indulge in the commission of any offence in the future,- vi. The petitioners/accused Nos.2 to 5 shall not, directly or I-ndireCtly, make any inducement, threat, or promI'Se tO any Person aCquaI'nted With the facts of the case so as to dissuade them from disclosing such facts to the Court or any police officer. vli, The petI'tiOnerS/accused Nos.2 to 5 shall surrender their passports, if any, to the investigating offI'Cer. lf they claims that they do not have a passport, they shall submit an affI-davit tO that effect to the investigating offI|Cer. ln the result, the criminal PetitI'On No.7690 of 2025 is dismissed as withdrawn and criminal petition No.7703 of 2025 is allowed. //TRUE COPY// SD/-N.NAGAMMA ASSISTANTZJTR,AR' SECTION OFFICER _-€-: -,_I ! / / To, 1. The Judicial Magistrate of F-lrst class for Prohibition & Excise, Anantapur. 2. The Superintendent, District Jail, Ananthapuram. 3. The Station House Officer, Ananthapuram 4th Town P.S., Ananthapuram District. 4. One CC to Sri. K NARSI REDDY, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. One spare copy JSS \t- a HIGH COURT DR.YLR, J DATED : 30/07/2025 BAIL ORDER ~£'*.I .i. - CRIMINAL PETITION NO: 7690 AND 7703 OF 2025 THE CRIMINAL PETITION No.7690 of 2025 lS DISMISSED AS WITHDRAWN AND CRIMINAL PETITION No,7703 OF 2025 IS ALLOWED. .i