APHC010398312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8058/2025 Between: Ponnam Suresh ...PETITIONER/ACCUSED AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: Papudippu Sashidar Reddy Counsel for the Respondent/complainant: 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 petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.24 of 2023 of Thulluru Police Station, Guntur District, registered for the alleged offences punishable under Sections 324 read with 34 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C’). 2 Dr.YLR, J Crl.P.No.8058 of 2025 Dated 11.09.2025 2. The case of the prosecution is that a complaint is made stating that on 03.02.2023, while the de-facto complainant was going home by taking money from his known persons, the petitioner herein along with others has beat the victim. In the said event the victim was inflicted with injuries on his shoulder and other parts of his body. Based on the complaint given by the de-facto Complainant, the 1st Respondent has initiated the crime for the offences punishable under Section 324 read with 34 of ‘the I.P.C’. 3. Mr.P. Sashidhar Reddy, the learned counsel for the petitioner contends that the petitioner is innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the petitioner is the sole earning member of the family and, he is ready to abide any conditions that may be imposed by this Court, and it is urged to grant pre-arrest bail to the petitioner. 4. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor vehemently opposed the grant of pre-arrest bail to the petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the petitioner is released on pre-arrest bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and 3 Dr.YLR, J Crl.P.No.8058 of 2025 Dated 11.09.2025 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 petitioner and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the record, this Court, in Crl.P.No.8569 of 2025, granted pre-arrest bail to Accused Nos.2, 3, and 5. The learned counsel for the petitioner submits that Accused No.4 was arrested by the police and, upon being produced before the learned jurisdictional Magistrate, was released on the same day. The allegations against the petitioner are entirely different from those leveled against Accused Nos.2, 3, and 5. Therefore, the petitioner cannot claim the benefit of parity. There are specific overt acts attributed against the petitioner, there are no merits for grant of pre-arrest bail to the petitioner. Hence, there are no merits in the Criminal Petition and it is liable to be dismissed. 7. In the result, the Criminal Petition is dismissed. However, as per the request of the learned counsel for the petitioner, liberty is granted to the petitioner to surrender before the learned Jurisdictional Court concerned within one (01) week from the date of receipt of copy of this order, and move an appropriate application before the learned Jurisdictional Court concerned. The learned Jurisdictional Court 4 Dr.YLR, J Crl.P.No.8058 of 2025 Dated 11.09.2025 concerned shall make endeavor to dispose of the said application in accordance with law, on its own merits by giving due opportunity of hearing to the Public Prosecutor concerned, and pass appropriate orders within a reasonable time, preferably in two (02) days. ________________________ DR. Y. LAKSHMANA RAO, J Date: 11.09.2025 KMS 5 Dr.YLR, J Crl.P.No.8058 of 2025 Dated 11.09.2025 52 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8058 of 2025 Date:11.09.2025 KMS