APHC010373792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7704/2025 Between: GORIPARTHI VEERA SIVA SRINIVASA RAO, S/O VENKATSWARA RAO AGED 35 YEARS, HNO 2-72, SAYAPURAM VILLAGE, VUYYURU MANDAL, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court Buildings, Nelapadu, Guntur. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to enlarge the Petitioner/AI on bail in the event of his arrest in connection with FIR No 333 dated 04.12.2024 of Vuyyur Town UPS, Krishna District and pass Counsel for the Petitioner/accused: M SOLOMON RAJU Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition has been filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime 2 Dr.YLR,J CRL.P.No.7704/2025 No.333 of 2024 ofVuyyuru Town Urban Police Station, Krishna District, registered for the alleged offences punishable under Sections 126 (2), 118 (1), 74 read with 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’). 2. The case of the prosecution is that on 04.12.2024, at about 1:00 A.M, near mango trees on Eginaparru Road, Vuyyuru, the complainant and her younger son were attacked by about 15 unidentified men on bikes while they were returning from the police station after lodging a complaint. On earlier occasions alsothe de-facto complainant’s family members were verbally abused, threatened, and nearly attacked by local individuals, leading the complainant to suspect that the assault was revenge for her complaint. Rescuers intervened and took them to the hospital for treatment.Hence, a case was registered. 3. Sri M. Solomon Raju, learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is the sole breadwinner of his family; he is ready to abide any conditions to be imposed by this Court; and urged to grant pre-arrest bail to the petitioner/Accused No.1. 4. Per contra, Ms. P.Akila Naidu, the learned Assistant Public Prosecutor, opposed in granting of bail stating that investigation is not yet completed; if the petitioner is granted pre-arrest bail, he will repeat the same offence, and it is urged to dismiss the bail petition. 5. Perused the record. 3 Dr.YLR,J CRL.P.No.7704/2025 6. As seen from the record held up before, the eye witness saw the petitioner/Accused No.1 came along with 15 more persons, beat the de-facto complainant/L.W.1, as a result of which L.W.1 suffered grievous injuries as per the wound certificate given by the medical officer. They also beat L.W.2 who suffered simple injuries. L.W.4, later rescued the de-facto complainant from the hands of the petitioner and others. 7. Learned counsel for the petitioner submits that the petitioner also lodged a complaint against the de-facto complainant and others vide Crime No.153 of 2024 ofVuyyuru Rural Police Station, Krishna District. Learned counsel further submits that the petitioner and Accused Nos.2 to 5 were also served notice under Section 41-A of the Code of Criminal Procedure (for short ‘the Cr.P.C’) by the investigating officer, however, after receipt of the hospital intimation that L.W.1 suffered grievous injury, the Section of Law was altered from simple injury to grievous injury. 8. In view of the specific overtacts levelled against the petitioner, this Court feels that the petitioner is disentitled to get pre-arrest bail. Hence, this Court does not deem it fit to grant pre-arrest bail to the petitioner. However, the learned counsel for the petitioner requests this Court to grant liberty to the petitioner to surrender before the learned jurisdictional Magistrate concerned and move an appropriate application for his release before the learned Magistrate concerned. 4 Dr.YLR,J CRL.P.No.7704/2025 9. In the result, the Criminal Petition is dismissed granting liberty to the petitioner/Accused No.1 to surrender before the learned jurisdictional Magistrate concerned and move an appropriate application before the learned Magistrate for enlarging him on bail. The learned Magistrate shall endeavour to dispose of the application on its own merits in accordance with law by giving due and sufficient opportunity of hearing to the learned Public Prosecutor before the learned Magistrate and pass appropriate orders within a reasonable time, preferably in two (02) days. _______________________ DR. Y. LAKSHMANA RAO, J Dated: 30.07.2025 KAS