APHC010388162025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7902 Between: 1. NARTHU RAJA @ ROHIT RAJU, S/O. BHANOJI RAO (AL) AGE 18 YEARS, OCC STUDENT R/O.D.NO.6 EDUPURAM SRIKAKULAM DISTRICT 2. DASARI NAGARAJU @ LINGARAJU, S/O. JOGARAO (A2) AGE 22 YEARS, OCC STUDENT R/O. D.NO.5 ITCHAPURAM POST EDUPURAM, SRIKAKULAM DISTRICT 3. MADDILI JAGANNATH @ JAGANNADHAM, S/O. MADILA NAGAMA (A3) AGE 50 YEARS, OCC DAILY WAGE LABORER R/O. V.JAYANTAPUR, AMBAAM, GANJAM, BANSOLA ODISHA 4. DASARI RAJAYYA, S/O. APPALA SWAMI (A4) AG DAILY WAGE LABORER R/O. D.NO.5 ITCHAPURAM POST EDUPURAM, SRIKAKULAM DISTRICT 5. MADDILA NAVEEN, S/O. JAGANNADHAM (A5) AGE 20 YEARS, OCC STUDENT R/O. SRIVENUGOPALA SWAMY COLONY, EDUPURAM, ICHAPURAM, SRIKAKULAM DISTRICT 6. JUTTU SATYAM, R/O. LINGAYYA (A7) AGE 20, OCC STUDENT RO. GOLLA STREET, ICHAPURAM, EDUPURAM POST, SRIKAKULAM 7. TELAGANA ANANDARAO @ ANANDHU, S/O. KONDANDARAO (A8) AGE 33 YEARS, OCC DAILY WAGE LABORER R/O. SRIVENUGOPALA SWAMY COLONY, EDUPURAM, ICHAP SRIKAKULAM DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7902 OF 2025 NARTHU RAJA @ ROHIT RAJU, S/O. BHANOJI RAO (AL) AGE 18 YEARS, OCC STUDENT R/O.D.NO.6-27-B, S.V.G.N.COLONY, EDUPURAM SRIKAKULAM DISTRICT DASARI NAGARAJU @ LINGARAJU, S/O. JOGARAO (A2) AGE 22 YEARS, OCC STUDENT R/O. D.NO.5-58, GOLLA STREET, ITCHAPURAM POST EDUPURAM, SRIKAKULAM DISTRICT MADDILI JAGANNATH @ JAGANNADHAM, S/O. MADILA NAGAMA (A3) AGE 50 YEARS, OCC DAILY WAGE LABORER R/O. V.JAYANTAPUR, AMBAAM, GANJAM, BANSOLA ODISHA DASARI RAJAYYA, S/O. APPALA SWAMI (A4) AGE 35 YEARS, OCC DAILY WAGE LABORER R/O. D.NO.5-58, GOLLA STREET, ITCHAPURAM POST EDUPURAM, SRIKAKULAM DISTRICT MADDILA NAVEEN, S/O. JAGANNADHAM (A5) AGE 20 YEARS, OCC STUDENT R/O. SRIVENUGOPALA SWAMY COLONY, EDUPURAM, ICHAPURAM, SRIKAKULAM DISTRICT JUTTU SATYAM, R/O. LINGAYYA (A7) AGE 20, OCC STUDENT RO. GOLLA STREET, ICHAPURAM, EDUPURAM POST, SRIKAKULAM TELAGANA ANANDARAO @ ANANDHU, S/O. KONDANDARAO (A8) AGE 33 YEARS, OCC DAILY WAGE LABORER R/O. SRIVENUGOPALA SWAMY COLONY, EDUPURAM, ICHAP SRIKAKULAM DISTRICT ...PETITIONER/ACCUSED(S) IN THE HIGH COURT OF ANDHRA PRADESH [3521] FRIDAY,THE TWENTY SECOND DAY OF AUGUST THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO NARTHU RAJA @ ROHIT RAJU, S/O. BHANOJI RAO (AL) AGE 18 B, S.V.G.N.COLONY, DASARI NAGARAJU @ LINGARAJU, S/O. JOGARAO (A2) AGE 22 GOLLA STREET, ITCHAPURAM POST EDUPURAM, SRIKAKULAM DISTRICT MADDILI JAGANNATH @ JAGANNADHAM, S/O. MADILA NAGAMA (A3) AGE 50 YEARS, OCC DAILY WAGE LABORER R/O. V.JAYANTAPUR, AMBAAM, GANJAM, BANSOLA ODISHA E 35 YEARS, OCC 58, GOLLA STREET, ITCHAPURAM POST EDUPURAM, SRIKAKULAM DISTRICT MADDILA NAVEEN, S/O. JAGANNADHAM (A5) AGE 20 YEARS, OCC STUDENT R/O. SRIVENUGOPALA SWAMY COLONY, EDUPURAM, JUTTU SATYAM, R/O. LINGAYYA (A7) AGE 20, OCC STUDENT RO. GOLLA STREET, ICHAPURAM, EDUPURAM POST, SRIKAKULAM TELAGANA ANANDARAO @ ANANDHU, S/O. KONDANDARAO (A8) AGE 33 YEARS, OCC DAILY WAGE LABORER R/O. SRIVENUGOPALA SWAMY COLONY, EDUPURAM, ICHAPURAM, ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor, Through SHO Ichapuram Rual Police Station High Court of Andhra Pradesh at Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. K RATNA SAGAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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 Petitioners/Accused No.1 to 5, 7 and 8 for granting of pre-arrest bail in connection with Crime No.49 of 2025 of Ichapuram Rural Police Station, Srikakulam District, registered for the alleged offences punishable under Sections 109(1), 115(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) 2. The case of the prosecution is that the defacto complainant and accused are inter related and residents of Edupuram Village, Ichapuram Mandal. On 14.06.2025 there was a dispute between Dasari Surendra, Accused No.2, brother and Buddepu Goja Rao, a member of Reddika Community over Surendra’s presence while other were playing cards. The incident escalated into a word altercation and physical pushing and the village elders intervened and held a schedule meeting for further discussions. However, on 17.06.2025 at 11.00 hrs Accused No.1 and 2 beat Buddepu Joga Rao and later the defacto complainant was beaten by Accused 1 and 2, while riding motor cycle with his children. The defacto complainant escaped but the accused chased and attacked him and his associates with stick and shouting loudly and caused bleeding injuries. The defacto complainant and others were injured. Hence the above Crime. 3. Mr. K. Ratna Sagar, the learned counsel for the Petitionerscontends that the Petitioners are innocent of the alleged offence and have been falsely implicated by the Police.It is further submitted that the Petitioners are the sole earning members of their family and, they are ready to abide any conditions that may be imposed by this Court, and it is urged to grant pre-arrest bail to the Petitioners. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of Pre-arrest bail to the Petitioners, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioners are released on pre-arrest bail, there is a strong likelihood that they may abscond, thereby hampering the ongoing investigation and evading the process of law. In view of the foregoing, it is urged that the petition be dismissed. 5. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the FIR and other statements, there are specific overt acts against the Petitioners. LWs 1 and 4 suffered injuries. 7. Learned Assistant Public Prosecutor would submit that LWs 2, 3 and 6 suffered grievous injuries. However, Wound Certificate is not yet received. Investigation is still underway. There are no merits in the case. 8. Granting of the pre-arrest bail is neither a shield nor protection to the persons against whom specific overt acts are attributed, as per the judgment of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab1and Sushila Aggarwal v. State of Delhi2.The Petitioners are disentitled for granting anticipatory bail. 9. Considering the facts and circumstances of the case, this Court is not inclined to grant Pre-arrest bail to the Petitioners. 10. In the result, the Criminal Petition is dismissed. ________________________ DR. Y. LAKSHMANA RAO, J Date: 22.08.2025 KK 1(1980) 2 SCC 565 2(2020) 5 SCC 1 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7902 OF 2025 22.08.2025 KK