Extracted from the PDF above. The PDF is authoritative.
lN THE HIGH COURT OF ANDHRA PRADESH AT I, THURSDAY, THE NINETH DAY OF JANUAR TWO THOUSAND AND ll^/ENTY FIVE TIalriToNOURABLE JJpsRi:CSEENDTR: V R K KRUPA SAGAR5gr+ CRIMINAL PETITION NO: 7402 OF 2024 / Between: Bathula Srinivasa Rao (A2), S/o Venkaiah, aged 51 years, Busl'ness, R/o Gonasapudi village, Chinnaganjam Mandal, Bapatla District, Prakasam Judicial District, A.P. ...Petitioner/Accused No.2 AND
1. The State of A.P., Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, through The Station House Officer, lnkollu Police Station, Bapatla District, Prakasam JudI'Cl-al District.
2. Murakonda Srl'nivasa Rao, (Defacto Complainant), S/o Sri Garataiah, aged 67 years, cultivation, R/o H. No. 256, Naiduvaripalem village, Karamchedu MandaI, Bapatla District, Prakasam JudicI'al District, A.P. ...Respondents/Comp[ajnant & De-facto Complainan€! i Petition under Section 482 of BNSS (Old Section 438 of Cr.P.C) prayind that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge theft Petitioner / A.2 on anticipatory bail in the event of his arrest and to direct the^r lst Respondent police to release 'him immediately on his apprehension in the above crime No. 120 of 2024 of lnkollu P.S., Bapatla District within the Jurisdiction of court of the Junior Civil Judge, Parchur, Bapatla District, Prakasam Judicial District
lANO: 1 OF2024 Petition under Section 482(1) of BNSS (old Section 438(1) of Cr.P.C Praying that l'n the cl'rcumstanceS stated I'n the memorandum of grounds filed in support of the petition, the High Court may be pleased to direct lSt Respondent police not to take any coercive steps against this petitioner/ A.2 in the above crime No. 120 of 2024 of lnkollu P.S., Bapatla District, Prakasam Judicial District, Pending disposal of CRLP 7402 of 2024, on the file of the High Court. The Petition coming on for hearing, upon perusing the petition and the memorandum of grounds filed in support thereof and upon hearing the
arguments of Sri AIapati Vivekananda, Advocate for the petitioner, and of PUBLIC PROSECUTOR, for the Respondent No.1, and of sRI'' S.SATYANARAYANA MOORTHY, Advocate for the Respondent No.2, the Court made the following
___ / I, THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR CRIMINAL PETITION No.7402 of 2024'
ORDER: This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is filed by the petitioner/A.2 seeking anticipatory bail in connection with Crime No.120 of 2024 of lnkollu Police Station, Bapatla District, registered for the offence punishable under Section 118(1) read with 3(5) of BNS.
2. Heard arguments of Sri A.Vivekananda, the learned counsel for the petitioner and the learned Assistant Public Prosecutor for respondent No.1-State and Sri S.Satyanarayana Moorthy, the learned counsel for respondent No.2/de facfo complainant.
3. Perused the record.
4. F.I.R. in this case was registered on 04.07.2024. There are two accused. The present petitioner is A.2. Initially, he filed Criminal Petition No.6005 of 2024 and sought pre-arrest bail, By
order dated 15.10.2024 the prayer was declined. The second bail petition is moved by the petitioner. 1, I/J,
J/
5. According to the learned counsel for the petitioner, the Petitioner iS innocent and Civil disputes between the victim and this petitioner is the cause of the present case. Learned counsel for the petitioner argued that the petitioner is permanent resident of the address which is seen in the police records and he has always been available and on 22.ll.2024 he even addressed a letter to the Station House Officer making it clear that he is ready to join the investigation. This fact is not disputed by the prosecution. 6. Sri S.Satyanarayana Moorthy, the learned counsel for respondent No.2/de facfo complainant vehemently opposed the Prayer Saying that the victim in this case suffered fractures and this Court on merits dismissed the earlier petition and there are no change of circumstances so as to reconsider the prayer. 7. Stating about the investigative progress, the learned Assistant Public Prosecutor for respondent No.1-State submits that eight material witnesses were examined and material objects were collected and they were forwarded to RFSL and only thing remained is receipt of scientific and technical reports to conclude the investigation. ,±gr,
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8. A perusal of the record indicates that this petitioner and his co-accused together were aggrieved of the alleged conduct of the de facfo complainant in sending journalists to their business premises and keeping that as a grouse they allegedly attacked him and using sticks caused injuries to him leading to fractures on hand. One fact that 'ls not in dispute is that prior to crime incident on 03.07.2024 there was O.S.No.212 of 2021 filed by the petitioner against the de facfo comp[ainant with reference to certain transactions between them. As argued by the learned counsel for the petitioner at the time when the bail. petition was considered, the investigation was at its nascent stage and now the invest'lgation is almost completed. 9. Considering the above facts and circumstances, this Court is of the considered opinion that any custodial interrogation does not seem necessary. Hence, prayer is granted. 10. In the result, this Criminal Petition is allowed in the following terms:
1. The petitioner is directed to join the investigation. 2.
In the event of arrest of the petitioner herein/A.2, he shall be enlarged on bail on his executing a personal bond for a ^^Jy7
r/ sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the concerned investI'gating Officer. 3. The petitioner shall mark his attendance before the investigating offI'Cer On lst and 15th of every month between ® 10.00 AM and 1.00 PM for a period of three months Or till filing of the charge sheet whichever is earlier. 4. The petitioner shall make himself available for investigation by a police officer as and when required. 5. The petitioner shall not, directly or 'lndirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or to any police officer. 6. The petitioner shall not indulge in similar acts of crime. 7, The petitioner must regularly participate in the pre-trial and trial process without fail before the competent court. sAD®l= #.'+K.PS±RAO ACHARI IITRUE COPYll For ASSsIEScTT:No3#&E=GFII-S=¥:`nA_nR
To,
1. The Junior cjv" Judge, parchur, Bapatla Dl'strl'ct, prakasam Judicl-al ( District
2. The station House officer, lnkollu PolI'Ce Station, Bapatla Distrl'ct
3. One cc to sRl. Alapatl vIVekananda Advocate [opuc]
4. Two ccs to PUBLIC PROSECUTOR, HI'gh Court of Andhra pradesh [OUT]
5. One cc to SRI S.SATYANARAYANA MOORTHY, Advocate [opuc]
6. One spare copy PSR
HIGH COURT Dr.VRKS,J DATED :09/01 /2025 ANTICIPATORY BAIL ORDER CRLP.No.7402 of 2024 / :,,,.,,/),);:,,-,,,:,,,,,I/,; b;I, ¢€i:¥£Srtydsi: EiiiEE EiE± Eiii= |r? Z iiiE! 4± ALLOWED