Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8242 OF 2025 Between:
1. K Hari Babu, son of K. Chinna Kondaliah,46 years. Lions Nagar Colony, Ananthavaram Village, Damavaram Panchayath, Dagadarti Mandal, Nellore District.
2. K Sudarshao @ K Sudarshan Kumar, 31 years, son of K. Venkata Ramanaiah, Lions Nagar Colony, Ananthavaram Village, Damavaram Panchayath, Dagadarti Mandal, Nellore District
3. Venkataramana @ M Venkata Rao, 46 years son of M. Venkataiah Lions Nagar Colony, Ananthavaram Village, Damavaram Panchayath, Dagadarti Mandal, Nellore District ...Petitioner/1, 3 and 4 Accused AND State of Andhra Pradesh, Rep by Its Public Prosecutor High Court Buildings, Amaravathi, through The Station House Officer Tiruchanur Police Station. Tirupathi District ...Respondent/Complainant Petition under Section 482 of BNSS, 2023 is filed praying that in the circumstances stated in the memorandum of grounds of Criminal Petition, the High Court may be pleased to give a direction to the respondent police to release the petitioner on bail in event of his arrest in Cr.No.209 of 2025 of Tiruchianur Police Station; The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds of criminal petition and upon hearing the
arguments of Sri Amancharla Satish Babu, Advocate for the Petitioners and Public Prosecutor for the Respondent, 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, 3 and 4 for granting of pre-arrest bail in connection with Crime No.209 of 2025 of Tirchanur Police Station Tirupati District, registered for the alleged offences punishable under Section 108 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). The case of the prosecution is that the incident occurred between
2. 25.04.2025 at about 10:30 P.M. and 26.04.2025 at about 08:00 A.M. at the house of the complainant situated in 15th Line, C Section, B.T.R. Colony, Mangalam, Tirupati Rural Mandal, and the same was reported at the Police Station on 27.04.2025 at 10:00 A.M. by the complainant, K. Sai Priya, aged 25 years, wife of Late K. Nagaraj, resident of the above address. The deceased, K. Nagaraj, aged 30 years, son of Malyadri, being the husband of the complainant, had given shelter on 24.04.2025 to his brother Pothuraju, Mounika, and their two children. On 25.04.2025, the complainant and her husband sent them away.
3 Dr. YLR, J Crl.P.No.8242 of 2025 Dated 18.09.2025 Aggrieved thereby, the relatives of Mounika, namely A1-K. Haribabu A2-K. Prasad, A3-K. Sudarsan, and A4-Venkataramana, beat the deceased K. Nagaraj for giving shelter to Pothuraju. Thereafter, the deceased committed suicide by hanging himself with a saree from the fan hook in the bedroom and died. Subsequently, on 27.04.2025 at 10:00 A.M., the complainant lodged a written complaint at the Police Station. Hence, the FIR.
3. Sri Amancharla Satish Babu, the
learned counsel for the petitioners, contend that the petitioners are the innocents of the alleged offence, and they have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning members of their family and, therefore, their incarceration would cause undue hardship to their dependents. The petitioners undertake to strictly adhere to any conditions that may be imposed by this Court. In light of the foregoing
submissions, learned counsel prays that the present petition be allowed in the interest of justice. 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
4 Dr. YLR, J Crl.P.No.8242 of 2025 Dated 18.09.2025 petitioners are released on pre-arrest bail, there is a strong likelihood that they may abscond, thereby hcimpering the ongoing investigation and evading the process of law, and it is urged to dismiss the petition. 5. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 6. As seen from the statement of the de-facto complainant and also from the report lod^ged with the police, it is alleged that the husband of the de-facto complainant had a brother by name Pothuraju, who on 24.04.2025 brought one Mounika along with her two children to the house of the de-facto complainant. On 25.04.2025, the deceased Nagaraju admonished his brother for bringing a married lady to his house and sent them back to their village. On the same day, at about 5:00 A.M., the relatives of Kotha Mounika, namely the petitioners and Accused No.2, came to the house of the deceased, abused him in filthy language, beat him, and took him away in an Innova car. During the course of travel, the petitioners allegedly beat him with their legs. Thereafter, they brought the deceased back to his house and left him there. Feeling insulted and humiliated by the beating and attack of the petitioners and other accused, Nagaraju went inside his house and
5 Dr. YLR, J CrLP.No.8242 of 2025 Doted 18.09.2025 committed suicide by hanging himself with a saree to the ceiling fan. Indeed, suicide is not a solution for any problem. Considering the above facts and circumstances of the case, the
7. nature and gravity of the allegations leveled against the petitioners, and the alleged role played by them in this case, this Court deems it fit to grant pre-arrest bail to the petitioners/Accused Nos.1, 3 and 4. 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, 3 and 4 shall be enlarged on bail subject to their executing personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), each with two sureties for the like sum each to the satisfaction of the arresting police officials; The petitioners/Accused Nos.1, 3 and 4 shall make II. themselves available for investigation as and when required; iii. The petitioners/Accused Nos.1, 3 and 4 shall not cause any threat, inducement or promise to the prosecution witnesses;
6 Dr. YLR, J Crl.P.No.8242 of2025 Dated 18.09.2025 iv. The petitioners/Accused Nos.1, 3 and 4 shall 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, 3 and 4 shall not V. leave the district limits without the express permission from the Station House Officer concerned. vi. The petitioners/Accused Nos.1, 3 and 4 shall surrender their passports, if any, to the investigating officer. If they claim that they do not have passports, they shall submit an affidavit to that effect to the Investigating Officer. SD/- G.HELANAIDU ASSiSTANT REGISTRAR 4a/ SECTION OFFICER //TRUE COPY// For, To,
1. The V Additional Judicial Magistrate of First
2. The Station House Officer, Tiruchanur Police District. 3. One CC to Sri. Amancharla Satish Babu. Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court of AP [OUT] o. One spare copy '■ ^ Class, Tirupati Station, Tirupathi MM
HIGH COURT Dr.YLR,J \ DATED: 18/09/2025
ORDER CRLP.No.8242 of 2025 ALLOWED 19 SEP ^•SPATC^ CP> l:x= m m cn -k