IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8352 OF 2025 o Between: 1. P Thirumalaiah @ Thirumalayya, S/o Peddanna, Aged bout 53 Raghava Palli village, Mudigubba Mandal, Sri Satya sai District. 2. P Lepakshi, w/o Peddanna, aged about 53 years, Raghava Palli village, Mudigubba Mandal, Sri Satya sai District 3. P Dhanunjaya, s/o P. Tirupalu, aged about 40 years, Raghava Palli village, Mudigubba Mandal, Sri Satya sai District. 4. P Sreeramulu, s/o P.Suryaparayana, aged about 53 years, Raghava Palli village, Mudigubba Mandal, Sri Satya sai District. 5. P Ram mohan alias Uppara Pennabadi Rammohan, Aged about 42 years, Raghava Palli village, Mudigubba Mandal, Sri Satya sai District 6. P Narayanaswamy, s/o P.Chinna Narasimhulu Aged about 68 Raghava Palli village, Mudigubba Mandal, Sri Satya sai District. 7. P Rajasekhar, s/o P.Narasaiah, aged about 68 years, Raghava Palli village, Mudigubba Mandal, Sri Satya sai District. years. years ...Petitioners/A1, A2,A6 to A10 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P. Amaravathi, Guntur District through SHO, Mudigubba Police Station, Sri Satya Sai District. .. .Respondents/Complainant . of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to direct the Respondent-Police to enlarge on bail in the petitioner/A1, A2, A6 to A10 Cr.No.21 of 2025 of Mudigubba Police Station, Sri Satya Sai District in the event of their arrest by granting anticipatory bail. Petition under Section 438 of Cr.P.C/ Under Section 482 The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI INENI VENKATA PRASAD Advocate for the Petitioners and of PUBLIC PROSECUTOR, for the Respondent following the Court made the 2 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 Nos. 1, 2 and 6 to 10 for granting of pre-arrest bail in connection with Crime No. 21 of 2025 of Mudigubba Police Station, Sri Sathya Sai District, registered for the offences punishable under Sections 191 (2), 191 (3), 329 (3) and 118 (1) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The case of the prosecution is that on 16-02-2025 at about 10.30 a.m., in Raghavapalli Village of Mudigubba Mandal, the accused formed into an unlawful assembly and restrained the de facto complainant and his relatives Jodu Mallikarjuna and P.Prathap while they were proceedings to their fields through the existed Rastha and and attacked them with shovel and sickle and caused bleeding injury on the head of the de facto complainant and swelling injuries to Jodu Mallikharjuna and P.Prathap. On seeing the same, their relatives intervened and rescued them. On the repot given by the de facto complainant, the present crime has been registered and investigated into. 3. Sri I.Venkata Prasad, learned counsel for the petitioners, contends that the petitioners are innocent of the alleged offences and have been 3 falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of the family. Investigation in the case is completed and urged to grant pre-arrest bail to the petitioners. Per contra, Ms. Akhila Naidu, 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 4. process of law. As there are specific overt acts attributed against the petitioners by the de-facto complainant and other witnesses, grant of pre-arrest bail in favor of the petitioners may not be considered and urged to dismiss the petition. Heard learned counsel for the petitioners and learned Assistant 5. Public Prosecutor. Perused the record. As seen from the record, there are civil disputes in between the 6. petitioners and the de facto complainant and his companions. There is a dispute with regard to ingress and egress of their land through the existed Rastha. The petitioners are plaintiffs in O.S.No. 70 of 2025 on the file of the Court of learned Civil Judge (Principal Division), Kadiri. 4 The de facto complainant and his companions are some of the defendants in the said suit. There are omnibus allegations leveled against the petitioners that they had armed with crowbar and sickle caused blood injury on the head of the de facto complainant and injuries on two persons-L.Ws.2 and 3. Nature of injuries is not yet ascertained as wound certificate is awaited. Considering the nature of the dispute pending between the petitioners and the de facto complainant and others and the alleged role played by the petitioners, this Court is inclined to grant pre-arrest bail to the petitioners. 7. 8. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of their arrest, the petitioners/accused Nos. 1, 2 and 6 to 10 shall be enlarged on bail subject to their executing each a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for the like sum each to the satisfaction of the arresting police officials; The petitioners/accused Nos. 1, 2 and 6 to 10 shall make themselves available for investigation as and when required; 5 iii. The petitioners/accused Nos. 1, 2 and 6 to 10 shall not cause any threat, inducement or promise to the prosecution witnesses; The petitioners/accused Nos. 1, 2 and 6 to 10 shall IV. appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. The petitioners/accused Nos. 1, 2 and 6 to 10 shall V. not leave the district limits without the express permission from the Station House Officer concerned. vi. The petitioners/accused Nos. 1, 2 and 6 to 10 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passport, they shall submit an affidavit to that effect to the Investigating Officer. SD/- P.VINOD KUMAR ASSISTANT/RteGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Mudigubba Police District- Station, Sri Satya Sai 2. One CC to SRI. INENI VENKATA PRASAD, Advocate [OPUC] 3. Two CCS to PUBLIC PROSECUTOR. High Court of Andhra Pradesh [OUT] 4. One spare copy PSR HIGH COURT DR.YLR,J DATED: 18/08/2025 BAIL ORDER CRLP.No.8352 of 2025 ALLOWED ° Bli c:> \ 5 'V S