APHC010389572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7906/2025 Between: 1. SIVARATHRI SATTI BABU ALIAS SATHIBABU, S/O, SRINU, AGED 24 YEARS, DAILY LABOR,-D.NO 4-295, VADDERA COLANY,DOWIAISWARAM RAJAMAHENDRAVARAM RURAL. 2. VEMULA CHINNA, S/O, PEDDULU, AGED 39 YEARS. DAILY LABOR, D.NO 4-356, VADDERA COLANY,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 3. DANDAGULA CHINNA, S/O, VENKATAYYA, AGED 49 YEARS. DAILY LABOR, D.NO 4-294, VADDERA COLANY,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 4. DANDAGALA KONDA, S/O, VENKANNA, AGED 24 YEARS. DAILY LABOR, D.NO 17-220, NETAJI NAGAR,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 5. BANDARI SIVA KUMAR, S/O, VENKANNA, AGED 20 YEARS. DAILY LABOR, D.NO 4-346, VADDERA COLANY,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 6. VALLEPU DANIYELU ALIAS DANIEL, S/O, VENKATESULU, AGED 36 YEARS. DAILY LABOR, D.NO 4-338/ 1, VADDERA COLANY,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 7. VALLEPU YESURAJU ALIAS YESU, S/O, ACHAYYA, AGED 41 YEARS. DAILY LABOR.D.NO 4-472, SUBBAYAMMA PETA, DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 8. VEMULA JAN ALIAS JHONY, S/O, SIMHADRI, AGED 24 YEARS, 2 DAILY LABOR, D.NO 4-365, VADDERA COLANY,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 9. CHAIIDRAGIRI KOTAYYA, S/O, SRINU, AGED 24 YEARS. DAILY LABOR, D.NO 4-295,VADDERA COLANY,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 10. VEMULA PRASAD, S/O, PENTAYYA, AGED 24 YEARS. DAILY LABOR, D.NO 4-356,VADDERA COLANY,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL 11. BATTULA VENKANNA, S/O, SITARAMULU, AGED 19 YEARS. DAILY LABOR, D.NO 4-296,VADDERA COLANY,DOWLAI SWARAM RAJAMAHENDRAVARAM RURAL. 12. VALLEPU DATTHATHREYA ALIAS DATTA, S/O, VENKATESWARLU, AGED 24 YEARS, DAILY LABOR, D.NO 20- 1/L,SUBBAYAMMA PETA,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 13. VEMULA MARIDAMMA, W/O, GOPULU, AGED 54 YEARS. DAILY LABOR, D.NO 4-366,VADDERA COLANY,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 14. DEVARINTI MARIYYAMMA ALIAS VEMULA MARIYA, W/O, NAGARAJU, AGED 34 YEARS. DAILY LABOR, D.NO 4- 364,VADDERA COLANY,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 15. VEMULA DURGA PRASAD, S/O, SRINU, AGED 24 YEARS. DAILY LABOR, D.NO 4-295, VADDERA COLANY, DOWLAISWARAM RAJAMAHENDRAVARAM RURAL 16. VEMULA CHINNARAO, S/O, VEERA SWAMY, AGED 42 YEARS. DAILY LABOR, D.NO 4-373,VADDERA COLANY, DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 17. GUNJA JANY ALIAS GUNJE JHONY, S/O, BALARAM, AGED 21 YEARS. DAILY LABOR, D.NO 4-332, VADDERA COLANY,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL 18. VEMULA SATHIBABU ALIAS PEETHA, S/O, SRINU, AGED 24 YEARS. DAILY LABOR, D.NO 4-295,VADDERA COLANY,DOWLAISWARAM RAJAMAHENDRAVARAM RURAL. 3 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. A V BADRA NAGA SESHAYYA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 4 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.8, 10, 12 to 16, 18 to 28 for granting of bail in connection with Crime No.178 of 2023 of Dowaleswaram Police Station, East Godavari District, registered for the alleged offences punishable under Sections 341, 307, 324, 148 r/w 149 IPC and Section 3 of PDPP Act. 2. The case of the prosecution is that Sri Vernagiri Benny is working as a driver of ATC Bus. On 03.07.2023 at about 6.20 AM, while he was proceeding from Ravulapalem to Rajamahendravaram in a bus, a motor cyclist with 7 years old child as pillion rider accidentally hit the rear part of the bus resulting the seven years old child getting crushed under the rear wheel of the bus and as a result of which the child died on the spot. The residents at the site of accident allegedly gathered and assaulted Benny and Prabhu Das, who was conductor of the bus. A person by name Venkanna is alleged to have instigated others to cause damage to the bus and also insisted them to kill Benny on account of death of 7 years old child. The assailants are said to have caused damage to the bus with iron rods and bricks and further alleged to have caused damage to the tyres of the bus with crow bars. A person allegedly admitted to committed murder of Benny and caused injuries on left side of the chest and also to his shoulder with crow bar. The assailants are 5 also allegedly broke the window panes of an ambulance at the site of accident. The police came to the accident and recorded the statement of Benny. 3. Sri. A.V.Badra Naga Seshayya, the learned counsel for the petitioners contends 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 member of the family and, they are ready to abide any conditions that may be imposed by this Court, and it is urged to grant bail to the petitioners. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of 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 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 record, there are specific overt acts attributed against the petitioners. The allegations against the petitioners are that they not only damaged the bus but also damaged the ambulance. Only Defacto- complainant was tried to shift to the hospital for treatment. The contention of 6 the learned counsel for the petitioners is that petitioners are daily labour, is on the ground to grant pre-arrest bail. Granting of the pre-arrest bail to an accused is not a license or protection for having committed an offence as per the judgment of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab1 and Sushila Aggarwal v. State of Delhi2. 7. Hence, there are no merits in the petition. This Criminal Petition is liable to be dismissed at this stage. 8. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 18.08.2025 SNI 1(1980) 2 SCC 565 2(2020) 5 SCC 1 7 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.7906 of 2025 Date: 18.08.2025 SNI