APHC010422862025 IN THE HIGH COURT OF ANDHRA PRA[ AT AMARAVATI | WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA CRIMINAL PETITinw NO: 849.T OF RAO Between: Taneti Joha Abhishek, S/o.Surya Chandra Caste.SC (Madhiga), Town, Narsipatnam, Anakapplli District. Rao @ John, aged 22 years, Narsipatnam R/o.D.No.9-146/1, Sivapuram, ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, through S.H.O., Narsipatnam Town P S Narsipatnam, r Andhra Pradesh, Amaravati. represented by its Public Prosecutor, High Court of ...Respondent Petition filed under Section 482 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds High Court may be pleased to of Criminal Petition, the grant Anticipatory Bail to the petitioner in FIR No. 148 of 2025 dated 20.07.2025 i in Narsipatnam Town P.S, Narsipatnam, U/s.118(1), 351(2) R/w 3(5), BNS ACT 351(2) R/w 3(5), BNS ACT Anakapalli District for the offences after alteration of FIR U/s.118(2), investigation and trial. pending > 'XJ- Counsel for the Petitioner: Sri P.Nanilu Naidu Counsel for the Respondent: Sri Neelotphai Ganji, Assistant Public Prosecutor The Court made the following Order: i n /h '■. APHC010422862025 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: 8493 OF 2025 Between: 1.TANETI JOHA ABHISHEK, S/0 SURYA CHANDRA RAO @ JOHN AGE 22 YEARS, CASTE. SC(MADHIGA) 146/L,SIVAPURAM, NARSIPATNAM ANAKAPPLAI DISTRICT. R/0 D.N0.9- TOWN,NARSIPATNAM, ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, through S.H.O Narsipatnam Town P.S, Narsipatnam, represented by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.P NANILU NAIDU 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 petitioner/Accused No.2 for granting of pre-arrest bail in connection with Crime No. 148 of 2025 of Narsipatnam Town offences punishable Bharatiya Nyaya Sanhita, under Section 118(2), 351(2) > f Police Station, Anakapalli District, under Sections 118(1) 2023 (for brevity ‘the registered for the alleged read with 3(5) of the after alteration of FIR > 351(2) BNS’) , read with 3(5) of BNS. 2. 2. The case of the prosecution is that a report was given to the Police by the defacto had tyre puncture complainant alleging that shop and the husband of the a week ago, Tenneti defacto complainant Suryachandra Rao Gurrala Road took '^ould give the able to pick defacto (John), said that he Petitioner not been his jeep and got the tires punctured and he but since then the uioney later and left, up phone calls for money. On 20.06.2025 Ruthula Srinu the husband of the complainant went to s house and asked them. Where the Petitioner for Where there money, and his son caused bleeding injuries was a scuffle between beat the husband of the defacto complainant and over the body. Hence cri crime was registered. Mr. P.Nanilu Naidu the petitioner i implicated by the earning member of the may be imposed by this petitioner. the learned 's an innocent of the counsel for the petitioner contends that and has been falsely that the petitioner is the sole alleged offence police. It is further submitted family and, he i Court, and it i IS ready to abide 's urged to grant any conditions that pre-arrest bail to the 4. Per contra, Prosecutor vehemently Mr.Neelotphal opposed the Ganji, the learned Assistant to the petitioner. Public grant of pre-arrest bail f 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 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. Heard the learned counsel for the petitioner and the learned Assistant 5. Public Prosecutor. Perused the record. As seen from the FIR and other statements, there are specific overt acts 6. attributed against the petitioner that he fisted on the face of the victim, as a result, the Petitioner suffered bleeding injury and later turned into a grievous injury. On the report lodged by the defacto complainant, she mentions the date as 20.06.2025. Police registered the case on 20.07.2025. There is an explanation at Column No. 12 of FIR, the alleged incident occurred on 19.07.2025 at 11.30 hrs and 12 hrs. Learned counsel for the Petitioner further contends that there is delay of one month in lodging FIR. Be that as it may, there is specific overt acts attributed against the Petitioner. Granting of the pre-arrest bail to an accused is not a shield or protection for having committed an offence as per the judgment of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab^and Sushila Aggarwal v. State of DelhF. 7. (1980) 2 see 56b ^(2020) 5 see 1 8. In view of the adverse antecedents specific role played in this case he i against the petitioner andjhis IS disentitled to get pre-arrest bail. Hence this Court does However, the learned liberty to the petitioner to not deem it fit to grant pre-arrest bail to the petitioner. counsel for the petitioner requests this Court to surrender before the learned jurisdictional grant . Magistrate release before the concerned and move learned Magistrate an appropriate application for his concerned. 9- In the result, the Criminal petitioner to surrender before and move Petition is dismissed, the learned jurisdictional appropriate application before learned Magistrate shall granting liberty to the Magistrate concerned the learned Magistrate an for enlarging him on bail. The endeavour to dispose of the application sufficient learned Magistrate and preferably in two (02) days. on its own merits i 'n "“°^dance with law, by giving due and learned Public Prosecutor pass appropriate orders, within a opportunity of hearing to the before the reasonable time Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 ■ The Station House i Narsipatnam, Anakapalli District. 2. One CC to Sri P.Nanilu Naidu, 3. Two CCS to the Public Prosecutor [OUT] 4. Two CD Copies BSV Officer, Narsipatnam Town Police Station Advocate [OPUC] High Court of Andhra Pradesh. vna HIGH COURT DATED:20/08/2025 \ C? ORDER CRLP NO. 8493 OF 2025 g 02 SEP 2025 S ^ . Current Section . ^ DISMISSING THE CRIMINAL PETITION