I-,'25Z \ lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA FRIDAY, THE SEVENTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEA CRIMINAL PETITION NO: 190 OF 2025 Between : Sadhu SrI'niVaSaraO, S/o. Late Lakshmi Narayana, Aged 40 years, R/o. Balaga, Srl'kakulam, SrikakulamDistrl'ct. Petitl-oner/Accused AND 1. The State ofAndhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati. 2. Sadhu Kalavathi, W/o. Apparao, R/o. Srikakulam town, Srikakulam Dl-strl'ct, Andhra Pradesh. Respondents Petition under sections 482 of BNSS (old 438 of Cr.P.C), 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 petI'tiOner On bail in the event of his arrest in connection with FIR No. 208 of 2024 of Srikakulam II Town Poll®ce Station, Srikakulam District on such terms and condition as thI'S Hon'ble Court deem fit and proper in the circumstances of the case. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of sri v v SATISH, Advocate for the petitioner and of PUBLIC PROSECUTOR for the Respondent No.1 and the court made the following; HON'BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM Criminal Petition No.190 of 2025 ORDER: This Criminal Petition is filed under Section 438 Cr.P.C. seeking to enlarge the petitioner on bail in the event of hl's arrest in connection with Crime No.208 of 2024 of Srikakulam II Town Police Station, Srikakulam District, registered for the offences punishable under Sections 118(1), 115(2) and 351 (2) of Bharathiya Nyaya Samhitha (BNS). 2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the state. 3. The brief case of the complainant as per FIR is that, the defacto- complainant and the petitioner both are neighbouring house owners. It is alleged that there are disputes between them relegating to construction of staircase raised by the defacto-complainant family. 4. ltis alleged that, on 16.10.2024 atabout 12.00 noon, the petitioner Came and raised the voice, later by taking a Stick, Which iS available On the floor, beat the defacto-complainant's husband and the complainant too and also pushed the complainant. 5. lt is apparent from the record that, both the defacto-complainant and the petitioner are neighbours and there are civil disputes cropped between their families in view of construction of staircase only. It is also evident from the record that, the defacto-complainant was already ``- ``- *EEEEEE] discharged from the hospital at the time of filing of the FIR, which was after due deliberations and at the intervention of elders only. 6. lt is aptto notethat, even as perthe FIR also, the petitionerpicked up a stick, which is lying on the floor only. Hence, usually wooden stick may not fall under the realm of ldangerous weapon' as prescribed under Section 118 of BNS. Thus, Section 118 of BNS emphasizes the use of dangerous weapons. However, if wooden stick was used to inflict injuries, Courts have emphasized, the need to assess the nature of the injuries and also intent behind the act, predominantly depending upon the surrounding circumstances etc. 7. Reverting back to the case on hand, in view of peculiar facts and circumstances in the lis, i.e., civil disputes between neighbouring house owners, and defacto-complainant returned to her home within a short period etc., I deem it appropriate to allow the petition, however, with certain conditions. 8. Accordingly, the Criminal Petition is allowed with the following conditions: 1. The petitioner is directed to surrender before the Judicial First class Magistrate, Srikakulam, Srikakulam District, within 15 days from the date of receipt of order; 2. On such surrender, the Judicial First Class Magistrate, Srikakulam, shall enlarge the petitioner on bail on his executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand .-+7rf Jrf only) with two sureties for the like sum each to the satisfaction of the said Court; 3. The petitioner shall appear before the Investigating Officer twice in a month, i.e. on lst and 3rd Sunday of every month between 10.00 AM and 1.00 PM for a period of three months or till filing of the charge sheet, whichever is earlier; 4. The petitioner shall make himself available for investigation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and 5. The petitioner shall not indulge in similar acts of crime. I Sc!,,Jd Fi. NAGAiVIM& //TRUE COPY// ,1SS!STANT i?.EGiSTE?`#-R A \ i I For / .::_` ` `` sECTiON OFFieE!€ Tol 1. The Judge, Faml'Iy Court-Gum-III Addl-tional District & sessions Judge, Srikakulam. 2. The Judicial First class Magistrate, Srikakulam 3. The S.H.O., Srikakulam ll Town Police Station, Srikakulam Distrl-ct 4. One CC to SRl. V V SATISH Advocate [opuc] 5. Two CCs to Public Prosecutor, Hl®gh Court ofAP [OUT] 6. One spare copy Kj HIGH COURT MRK,J DATED:17/01/2025 BAIL ORDER CRLP.No.190 of 2025 ALLOWED I:i HghT ;#y€-GtftL Cg{{ •1 ® l\ELN \\\\ r' [-.Ir,, 1|. ¢¥tr**®se:gft AIITSRTif¢S*ff i.+-.`-, -.