APHC010429142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8608/2025 Between: Avisana Prabhakar Reddy and Others ...PETITIONER/ACCUSED(S) AND The State Of Ap ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioners/Accused Nos.1 to 3, 5 to 7, 10 and 12 for granting of pre-arrest bail in connection with Crime No.129 of 2021 of Addanki Police Station, Prakasam District, registered for the alleged offences punishable under Sections 143, 148 and 324 r/w 34 of Indian Penal Coode (for short ‘the IPC’). 2 2. The prosecution's case, in a nutshell, is that on 07.04.2021 at about 20:30 hours, at S.T. Colony, Dharmavaram Village, Addanki Mandal, the accused formed an unlawful assembly and assaulted the complainant and another person named Chaganti Rajendra Prasad with sticks and stones over a political dispute. The de facto complainant and the other person sustained severe bleeding injuries and were shifted to the hospital for treatment. 3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 4. Mr. Papudippu Sashidhar Reddy, learned counsel for the petitioners submits that the petitioners have not committed any offence; they were falsely implicated in this case; the petitioners are the sole breadwinners to their families; they are ready to abide any conditions to be imposed by this Court; and urged to grant pre-arrest bail to the petitioners. 5. Per contra, Mr. Neelothpal Ganji, the learned Assistant Public Prosecutor, opposed in granting of bail stating that investigation is not yet completed; if the petitioners are granted pre-arrest bail, they will interfere in the investigation, and it is urged to dismiss the bail petition. 6. The learned Assistant Public Prosecutor submits that after a thorough investigation, the police filed a charge sheet, deleting the names of petitioner Nos. 1, 3, 4, and 8/accused Nos.1, 3, 5, and 11. Therefore, the petition concerning these petitioners is dismissed as infructuous. It has already been mentioned that petitioner Nos. 6 and 7/Accused Nos.7 and 10 were arrested 3 and subsequently granted bail. As a result, the petition against them is also dismissed as infructuous. 7. At the time of registering the crime, Section 324 of ‘the IPC’ was invoked, as it was alleged that the accused had beaten the de facto complainant and another person. During the investigation, after receiving the wound certificates, which indicated that the injured had suffered grievous injuries, the charge was altered to Section 326 of ‘the IPC’. It appears that the Investigating Officer issued notices to the accused, as they were initially alleged to have committed an offence under Section 324 of ‘the IPC’. However, after receiving the wound certificate, the Investigating Officer failed to take steps to apprehend the accused for the non-bailable offence they were now charged with. Be that as it may, the crime is of the year 2021, and petitioner Nos.2, 5 and 9/ accused Nos.2, 6 and 12 are permanent residents of Dharmavaram Village & Mandal, Prakasam District. 8. Considering the nature and gravity of the allegations made against the petitioner Nos.2, 5 and 9/ accused Nos.2, 6 and 12, this Court does not deem it fit to grant pre-arrest bail to the petitioner Nos.2, 5 and 9/ accused Nos.2, 6 and 12. However, the learned counsel for the petitioner Nos.2, 5 and 9/ accused Nos.2, 6 and 12 requests this Court to grant liberty to the petitioner Nos.2, 5 and 9/ accused Nos.2, 6 and 12 to surrender before the learned jurisdictional Magistrate concerned and move an appropriate application for their release before the learned Jurisdictional Court concerned. 4 9. In the result, the Criminal Petition is disposed of granting liberty to the petitioner Nos.2, 5 and 9/ accused Nos.2, 6 and 12 to surrender before the learned jurisdictional Magistrate concerned and move an appropriate application before the learned Jurisdictional Court concerned for enlarging them on bail. The learned Court shall endeavour to dispose of the application on its own merits in accordance with law by giving due and sufficient opportunity of hearing to the learned Public Prosecutor before the learned Magistrate and pass appropriate orders within a reasonable time, preferably in two (02) days. _________________________ DR. Y. LAKSHMANA RAO, J Date: 30.08.2025 S D P 5 51 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.8608 of 2025 Date:30.08.2025 S D P