APHC010453252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9000 OF 2025 Between: 1. YARRADASARI SURESH KUMAR ALIAS SURESH, OCC COOLIE, R/O. D.NO. 7/1726, ANDHRA KESARI ROAD, PRODDATUR TOWN AND MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH 2. YARRADASARI OBULAIAH ALIAS YERRADASU OBULAIAH, OCC COOLIE, R/O. D.NO. 1-18. PEDDASETTYPALLI VILLAGE, PRODDATUR MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH. 3. YARRADASARI JAYA SEKHAR ALIAS SEKHAR, S/O ELISHA, AGE 64 YEARS, OCC COOLIE, R/O. D.NO. 6/8/-A, LM COMPOUND, MUDDANUR TOWN AND MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH. 4. YARRADASARI AKHIL, OCC COOLIE, R/O. D.NO. 6/8/-A, L,M COMPOUND, MUDDANUR TOWN AND MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH. 5. YARRADASARI MERY, W/O DAYANIDHI, AGE 44 YEARS, OCC HOUSEWIFE, R/O. D.NO. 1/16, PEDDASETTIPALLI VILLAGE, PRODDATUR MANDAL, YSR KADAPA DISTRICT ANDHRA PRADESH. 6. YARRADASARI ALIAS BANDI KALAVATHI, W/O OBULAIAH AGE 32 YEARS, OCC HOUSEWIFE, R/O. D.NO. 1/18, PEDDASETTIPALLI VILLAGE, PRODDATUR MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH. 7. YARRADASARI MANJULA, W/O OBUIAIAH, AGE 44 YEARS, OCC BUSINESS, R/O. D.NO. 10/148, MARIYAPURAM, AKKAYAPALLE VILLAGE, YSR KADAPA DISTRICT, ANDHRA PRADESH. 8. YARRADASARI JHANSI RANI ALIAS JASSI, D/O BHASKAR, AGE 45 YEARS, OCC HOUSEWIFE, R/O. D.NO. 15/175, AMRUTHA NAGAR, KOTHAPALLE PANCHAYATH, PRODDATUR MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH. 9. YARRADASARI VIJAYA ALIAS VIJAYA KUMARI, D/O. BHASKAR, AGE 52 YEARS, OCC HOUSEWIFE, R/O. D.NO. 15/174, AMRUTHA NAGAR, KOTHAPALLE PANCHAYATH, PRODDATUR MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH 10. YARRADASARI PADMAJA, W/O SURESH KUMAR, AGE 36 YEARS, OCC HOUSEWIFE, R/O. D.NO. 7/1726, ANDHRA KESARI ROAD, PRODDATUR TOWN AND MANDAL, YSR KADAPA DISTRICT ANDHRA PRADESH. 11. YARRADASARI ALIAS KAMANURU AMARAVATHI, W/O MAHESH KUMAR, AGE 28 YEARS, OCC HOUSEWIFE, R/O. D.NO. 7/1726, ANDHRA KESARI ROAD, PRODDATUR TOWN AND MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its through Public Prosecutor at High court of Andhra Pradesh. Station House Officer, Proddatur Rural Police Station, Proddatur,YSR Kadapa District, ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. V NITESH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 9005 OF 2025 Between: 1. YARRADASARI MAHESH KUMAR ALIAS MAHESH, OCC COOLIE, R/O. D.NO. 7/1726, ANDHRA KESARI ROAD, PRODDATUR TOWN AND MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH. 2. YARRADASARI DAYANIDHI, S/O. RAJANNA, AGED ABOUT 49 YEARS, OCC OUTSOURCING EMPLOYEE R/O. D.NO. 1/16, PEDDASETTIPALLI VILLAGE, PRODDATUR MANDAL, YSR KADAPA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its through Public Prosecutor at High court of Andhra Pradesh. Rep.,Station House Officer, Proddatur Rural Police Station, Proddatur, YSR Kadapa District, ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. V NITESH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These two Criminal Petitions are heard and dispose of as they arise out of one Crime. The Criminal Petition No. 9000 of 2025 has been filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟) by the Petitioner/ Accused Nos.2 to 5 and 7 to 13 for granting of pre-arrest bail in connection with Crime No.331 of 2025 of Proddatur Rural Police Station, Proddatur, YSR Kadapa District, registered for the alleged offence punishable under Sections 118(1), 351(2), 109, 324(5) read with 3(5) of Bharatiya Nyaya Sanhita, 2023. The Criminal Petition No. 9005 of 2025 has been filed under Section 480 and 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟) by the Petitioner/ Accused Nos.1 and 6 for granting of bail in connection with Crime No.331 of 2025 of Proddatur Rural Police Station, Proddatur, YSR Kadapa District, registered for the alleged offence punishable under Sections 118(1), 351(2), 109, 324(5) read with 3(5) of Bharatiya Nyaya Sanhita, 2023. CASE OF THE PROSECUTION: 2. The case of the prosecution is that on 30.07.2025 at about 2.40 p.m, the Accused 1 to 13 and some others with common intention to kill the defacto complainant, went to the house of the defacto complainant P. Kalva Venkata Subbaiah and damaged his house mirrors, gate and three motor cycles, which were parked in the premises of his house and also altercated with the defacto complainant and his wife and two sons and beat them with stones and sticks, as a result, they received bleeding injuries over their bodies. The motive for the offence is a Rastha dispute between among and this is a counter case in Crime No.330 of 2025 of Proddatur Rural Police Station. Basing on the report, the above case was registered. CONTENTIONS OF THE COUNSEL FOR THE PETITIONERS: 3. Sri V. Nitesh, learned counsel for the Petitioners respectfully submits that the Petitioners have been falsely implicated in the present case and have not committed any offence as alleged. The Petitionersare the sole earning members of their family, and arrest would cause irreparable hardship to dependents. The Petitionersare willing to abide by any condition that this Court may deem fit and proper for the grant of anticipatory bail. 4. It is further submitted that there is no recovery attributable to the Petitioners and custodial interrogation is not warranted in the facts and circumstances of the case. The Petitioners have cooperated with the investigation and there is no likelihood of them absconding or tampering with the prosecution evidence. Therefore, it is prayed that this Court may be pleased to grant pre-arrest bail to the Petitioners/Accused in the interest of justice. ARGUMENTS OF THE ASSISTANT PUBLIC PROSECUTOR: 5. Per contra, Ms. P. Akhila Naidu, learned Assistant Public Prosecutor strenuously opposed the grant of bail, contending that the investigation is still underway and several material witnesses yet to be examined. It is submitted that enlargement of the Petitioners on bail at this stage would seriously hamper the progress of the investigation and may result in non-cooperation from the Petitioners.The prosecution further apprehends that the Petitioners, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. It is also urged that there exists a real and imminent risk of the Petitioners absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the progress of the investigation, it is submitted that the Petitioners do not deserve the discretionary relief of bailand it is urged to dismiss the bail petition. 6. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. POINT FOR CONSIDERATION: 7. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the Petitioners/ Accused Nos. 2 to 5 and 7 to 13 are entitled for grant of pre-arrest bail in Criminal Petition No.9000 of 2025 and the Petitioners/ Accused Nos. 1 and 6 for grant of bail in Criminal Petition No. 9005 of 2025?” ANALYSIS: Criminal Petition No. 9005 of 2025 8. There are case and counter case in between the Petitioners and the defacto complainant. Crime No.330 of 2025 was lodged by one of the Petitioners/ Accused No.8 by name BandiKalavathi, it was registered for the offences under Section 118(1), 351(2) read with 3(5) of „the BNSS‟. There is a Rastha dispute between the Petitioners and the defacto complainant and others, they are all neighbours. A Survey was about to be conducted, but there was an objection with regard to conduction of the Survey. It appears that because of parking of the vehicle dispute arose in between two groups. The Petitioner/ Accused No.6 has filed a document, which she got under the provisions of Right to Information Act, wherein, it was mentioned that the Petitioner No.2/ Accused No.6 by name Dayanidi, who has been working as Community Coordinator was in his office till 3 p.m on 30.07.2025. The alleged offence in Crime No.331 of 2025 was happened at about 2.40 p.m on 30.07.2025. 9. The defacto complainant in Crime No.331 of 2025 lodged a report against the Petitioners/ Accused. The Petitioners/ Accused Nos.1 and 6 have been in the judicial custody for the past 40 days. They were arrested on 05.08.2025. The victims have suffered only the simple injuries. So far, six witnesses are examined. In regard to the Petitioners/ Accused Nos.2 to 5 and 7 to 13 in Criminal Petition No. 9000 of 2025, there are only omnibus allegations against them. Hence, they are entitled for grant of pre-arrest bail. CONCLUSION: 10. Considering the nature and gravity of allegation levelled against the Petitioners/ Accused Nos.1 and 6, their alleged role played in this case, and the period of detention undergone by the Petitioners/ Accused Nos. 1 and 6 and the fact that a case and counter case filed by each part against each other, this Court is inclined to enlarge the Petitioners/ Accused Nos. 1 and 6 in Criminal Petition No. 9005 on bail with the following stringent conditions: i. The Petitioners/Accused Nos.1 and 6 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 each for the like sum each to the satisfaction of the learned II Additional Judicial Magistrate of First Class, Proddatur. ii. The Petitioners/Accused Nos.1 and 6 shall appear before the Station House Officer, ProddaturPolice Station, YSR Kadapa District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The Petitioners/Accused Nos.1 and 6 shall not leave the limits of the District without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.1 and 6 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos.1 and 6 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. vi. The Petitioners/Accused Nos.1 and 6 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vii. The Petitioners/Accused Nos.1 and 6 shall surrender his passports, if any, to the investigating officer. If theyclaim that theydo not have a passports, theyshall submit an affidavit to that effect to the Investigating Officer. 11. Accordingly, the Criminal Petition No. 9005 of 2025 is allowed. CONCLUSION: 12. Considering the nature and gravity of allegation levelled against the Petitioners/ Accused Nos. 2 to 5 and 7 to 13, their alleged role played in this case, this Court is inclined to grant pre-arrest bail to the Petitioners in Criminal Petition No. 9000 of 2025 with the following stringent conditions: 13. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of their arrest, the Petitioners/ Accused Nos. 2 to 5 and 7 to 13 shall be enlarged on bail subject to their executing 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; ii. The Petitioners/ Accused Nos.2 to 5 and 7 to 13shall make themselves available for investigation as and when required; iii. The Petitioners/ Accused Nos.2 to 5 and 7 to 13 shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The Petitioners Nos.1 to 5/ Accused Nos.2 to 5 aloneshall 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 Petitioners/ Accused Nos.2 to 5 and 7 to 13 shall not leave the district limits without the express permission from the Station House Officer concerned. vi. The Petitioners/ Accused Nos.2 to 5 and 7 to 13 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. _________________________ DR. Y. LAKSHMANA RAO, J Date: 12.09.2025 KK THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9000 OF 2025 and CRIMINAL PETITION NO: 9005 OF 2025 12.09.2025 KK