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2025 DAILYLAW 26945 (AP)

Konappa Gari Jayanna v. The State of Andhra Pradesh

CRLP/7789/2025 · 2025-08-13

Y Lakshmana Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FOURTEENTH DAY OF AUGUST, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7789 OF 2025 Between: Konappa Gari Jayanna, S/o Konappa, aged 36 years, R/o. 11-29A, D Golla Hati, Madakasira Mandal, Anantapur District. ...Petitioner/A3 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court, at Amaravathi, ...Respondent Petition under Section 482 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 Petitioner/Accused No. 3 on Bail in the event of Arrest in Crime No. 95 of 2025 on the file of Madakasira Police Station, Sri Satya Sai District by granting Anticipatory Bail. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri. SIVA NAGARJUNA SIDHADAPU, Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following ORDER: 2 Dr. YLR, J Crl.P.No.7789 of 2025 Dated 14.08.2025 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.3 for granting of pre-arrest bail in connection with Crime No.95 of 2025 of Madakasira Police Station, Sri Sathya Sai District, registered for the alleged offences punishable under Sections 118 (1), 109 (2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity' the BNS’). 2. The case of the prosecution is that the Accused Nos.1 to 3 had developed a grudge against the complainant due to a road and land dispute, and previously they had tried to kill the complainant, but he escaped. Further, on 26.06.2025 at 09:00 A.M., while the complainant was going to his lands from his house, in the meantime. Accused Nos.1 to 3, armed with a pickaxe and stick, picked up a quarrel with the complainant and beat him with a stick, causing a blunt injury on the right side of his back. Accused Nos.1 and 2 tried to beat the complainant with a pickaxe with an intention to murder him, but the complainant escaped from their hands. On hearing the loud cries of the complainant, some villagers intervened and rescued the complainant from the clutches of 3 Dr. YLR, J Crl.P.No.7789 of 2025 Dated 14.08.2025 the accused, who then fled from the place. Previously also cases had been registered against the accused under the SCs/STs Act at Madakasira U/G Police Station. Basing on the report of the complainant a case was registered against the petitioners/Accused Nos.1 to 3. 3. Sri Nagarjuna Sidhadapu, the learned counsel for the petitioner,submits that the petitioner has not committed any offence; he is falsely implicated in this case; he is sole breadwinner of hisfamily; he is readyto abide any conditions to be imposed by this Court; and urged to enlarge the petitioner/accused No.3 on bail. Per contra, Ms. P. Akhila Naidu, the learned Assistant Public 4. Prosecutor, submits that the investigation is not completed; if the petitioner was granted pre-arrest bail, h&will repeat the same offence and urged to dismiss the bail petition. 5. Perused the record. 6. As seen from the record, the allegation levelled against the petitioner/Accused No.3 is that he bet the defacto complainant with a stick on the back. As a result, he received contusion injuries. There is no reference or averment in the report lodged by the defacto complainant that the petitioner/Accused No.3 with an intention to do 4 Dr. YLR, J Crl.P.No.7789 of 2025 Dated 14.08.2025 away the defacto complainant and caused the injury. Wound Certificate has not yet received.This Court on 16.07.2025 in Crl.P.No.7052 of 2025 enlarged the Accused Nos.1 & 2 on pre-arrest bail. So far, five witnesses were examined. In view of the aforesaid facts and circumstances of the case, this Court inclines to grant anticipatory bail to the petitioner with some stringent conditions. 7. 8. In the result, the Criminal Petition is allowed with the following conditions: In the event of his arrest, the petitioner/Accused No.3 shall be enlarged on bail subject to his executing a personal bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials; i. The petitioner shall make himself available for investigation II. as and when required; iii. The petitioner shall not cause any threat, inducement or promise to the prosecution witnesses; 5 Dr. YLR, J Crl.P.No.7789 of 2025 Dated 14.08.2025 The petitioner shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. IV. and 5.00 p.m., till filing of the charge sheet. The petitioner shall not leave the district limits without the express permission from the Station House Officer concerned. V. SD/- M.SRINIVAS ASSISTANT jSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Madakasira Police Station, Sri Satya Sai District. 2. One CC to Sri. SIVA NAGARJUNA SIDHADAPU, Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh Amaravati. [OUT] 4. One spare copy JSS HIGH COURT DR.YLR, J DATED:14/08/2025 BAIL ORDER CRLP.No.7789 of 2025 ALLOWED