APHC010419412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8443 OF 2025 Between: 1. TODIMLA GOPI @ TADIMELA VENKATA GOPI, S/O. SAMBASIVA RAO, AGED ABOUT 28 YEARS, R/O. D.NO.2-144, GUNDAVARAM VILLAGE, CHEBROLE MANDAL, GUNTUR DISTRICT, A.P. 2. SATHARLA RAMANA, C/O. VENKATESWARLU, AGED ABOUT 54 YEARS R/O. D.NO.1-68, GUNDAVARAM VILLAGE, CHEBROLE MANDAL, GUNTUR DISTRICT, A.P. 3. CHIMALA POTURAJU CHEEMALA POTHURAJU, S/O. KHAJA RAHAMTHULLA, AGED ABOUT 34 YEARS, R/O. D.NO. 1-15, GARIKAPADU VILLAGE, TADIKONDA MANDAL, GUNTUR DISTRICT, A.P. 4. SATHARLA SRIKANTH, C/O. RAGHAVAIAH, AGED ABOUT 22 YEARS, R/O. D.NO.2-43, VALMIKI BAZAR, GUNDAVARAM VILLAGE CHEBROLE MANDAL, GUNTUR DISTRICT, A.P. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. SRINIVASA RAO NARRA 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 1, 3, 5 and 6 for granting of pre-arrest bail in connection with Crime No.170 of 2025 of Chebrole Police Station, Guntur District, registered for the alleged offences punishable under Section 109(1), 79 read with 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution is that on 14.07.2025 at about 8.00 p.m at Gundavaram Village, Chebrolu Mandal, Guntur District, the Accused 2 and 4 conspired together with an intention to assault and murder the victim LW-1. Accused 2 and 4 along with others attacked the victim by using sticks. Accused No.4 inflicted injuries by beating the victim on the head and other parts of the body, causing severe harm. 3. Mr. Srinivasa Rao Narra, the learned counsel for the petitioners contends that Petitioners 1, 2 and 4 were already arrested. Therefore, nothing remains in this Criminal Petition for any relief in favour of them. 4. Hence, the Criminal Petition against Petitioners 1, 2 and 4 is dismissed. 5. Learned counsel for the petitioners would submit that Petitioner No.3/ Accused No.5 is an innocent of the alleged offence and has been falsely implicated by the police. It is further submitted that the Petitioner No.3 is the sole earning member of his 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 No.3. 6. Per contra, Mr.Neelotphal Ganji, 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 No.3 is released on pre-arrest bail, there is a strong likelihood that he 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. 7. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 8. There are boundary disputes of the fields in between the Petitioner No.3 and defacto complainant, keeping that in mind, the defacto complainant has falsely implicated the Petitioner in this case is the contention of the learned counsel for the Petitioner. 9. As against Petitioner No.3/ Accused No.5, no specific overt acts attributed by the defacto complainant/ victim, omnibus allegations were leveled against him. Accused 2 and 4 were already enlarged on bail. Material witnesses have been examined and the incriminating material was seized under the cover of mediators report. 10. Considering the gravity and nature of the allegations leveled against the Petitioner No.3, this Court deems it fit to grant pre-arrest bail to him. 11. In the result, the Criminal Petition is partly allowed with the following conditions: i) In the event of his arrest, the petitioner No.3 /Accused No.5 shall be enlarged on bail subject to his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials; ii) The petitioner No.3 /Accused No.5 shall make himself available for investigation as and when required; iii) The petitioner No.3 /Accused No.5 shall not cause any threat, inducement or promise to the prosecution witnesses; iv) The petitioner No.3 /Accused No.5 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. v) The petitioner No.3 /Accused No.5 shall not leave the District limits without the express permission from the Station House Officer concerned. vi) The petitioner No.3 /Accused No.5 shall surrender his passport, if any, to the investigating officer. If he claims that he do not have passport, he shall submit an affidavit to that effect to the Investigating Officer. _______________________ DR. Y. LAKSHMANA RAO, J Date: 20.08.2025 KK