4+ /-- IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SIXTH DAY OF OCTOBER I; TWO THOUSAND AND TWENTY Fl,VE L/ L/, :PRESENT: _ _ _ _ __ _ _ _ THE HONO_URABLE__DRi[jST-ICE Y_ LAKSHMANA-RAO- CRIMINAL PETITION NO: 10243 OF 2025 Between : chunduri ~ pothularaiah, s/o omkaram, Age 37 years,Mogilicharlavillage,Lingasamudram MandaI, Prakasam District.\rfJd Petitioner/ Sole Accuseci L,- AND The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh, at Amaravati. L~ E EZii Respondent petition under section 480 & 483 of BNSS is filed, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to release the Petitioner who is arrayed aS / _ __ _)</ petitioner / Accused on bail in connection with Crime. No. 66 of 2025 on the file of Lingasamudram Police Station, SPSR Nellore District. u~ The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of sR] slvAPRASAD REDDY VEofTI Advocate for the Petitioner, Assistant Public prosecutor for the respondent and the court made the following. ~ ORDER i Dr. YLR, J CrI.P.No.10243 of 2025 Dc,ted O6.10.2025 The Court made the following: Order: The Criminal PetitI®On has been filed under Sections 480 and 483 of the BharatI-ya Nagarl-k Suraksha sanhl-ta, 2023 (for brev,-ty {the BNSS'), seeking to enlarge the petitioner/Accused on bail in crI'me No.66 of 2025 of Ll-ngasamudram poll-Ce Station, SPSR Nellore District, was registered against the petitioner/Accused herein for the offences punishable under section 109 (1) of the Bharatiya Nyaya Sanhi{a, 2023 (for brevity {the BNS'). CASE OF THE 2. Material averments stemming from the case of the prosecution are that the complainant is a daily wage labourer and his brother namely Gopi used to sell tarpaulI'n Sheets in Bangalore and one Mahindra of his vI'llage js working under his brother. The accused used to tell Mahl-ndra somethil@g against his brother and lln this regard, the complainant questioned the accused and then accused verbally abused the complajnant and when he attacked him, his mother rescued hI-m from the hands of accused. Keeping the said grudge, on 14.07.2025 at around 3.30 PM, while the complainant leaving home on his motorcycle to attend the Gangamma festival in MogI'liCharla Village, the accused kicked him. As a result, he fe" down from the motorcycle and then the accused attacked the complainant mercl-lessly with the knife, caused severe bleeding ilnjtlrjes on his abdomen and fled away from th'e spot. Later, Z,I Z 3. Dr. YLR, I CrI.P.No.1O243 of 2025 Dated 06.10.2025 the mother of the complainant admitted him in Kandukur Government Hospital for treatment. -__ -_ _ _ __ _ __-_ _ . _ --- -_ --- ----. ------.------`-=------------l--- -ll-----.---__`_-_ --I---- CONTENTIONS OF THE COUNSEL FOR THE PETITIONER: 3. Mr.Sivaprasad Reddy Venati, learned Counsel for the Petitioner submits that the Petitioner is innocent and has been falsely implicated in the alleged offence, without any cogent evidence linking to the commission of the crime. It is contended that the Petitioner is the sole breadwinner of his family and his arrest would cause undue hardship a.nd prejudice to the dependents of the Petitioner. The Petitioner undertakes to abide by any condition that this Court may impose while granting bail to the Petitioner. 4. lt is further submitted that the Petitioner has a permanent place of residence and there is no likelihood of him absconding or evading the process of law. The Petitioner has cooperated with the investigation thus far and assutes continued cooperation in future proceedings. lt is also urged that the allegations are of a nature that do not warrant custodial interrogation, and if any condition is imposed while granting the bail, Petitioner would not violate it; and it is urged to allow the petition. ARGUMENTS OF THE STATE: 5. Per confra, Ms. P.Akila Naidu, learned Assistant Public Prosecutor strenuously opposed the grant of bail, contending that the investigation iS Still underway and several material witnesses are yet to be examined. It is D,r- YLR, I crl.p.No_10243 of 2025 Dated 06.10.2025 submitted that enlargement of the Petitioner on bail at this stage would seriously hamper the progress of the investigation and may result in non- -`-------i.-~---_-----_i----i--_I_-_ -----_.-~-----~ -----i-_=----=----.-----------'--------~--------------l`---lllll'--..__ cooperation from the Petitioner. The prosecution further apprehends that the Petitioner, if released, may influence or intimidate witnesses, thereby obstructing the course of justice. lt is also urged that there exists a real and imminent risk of the Petitioner absconding and evading the due process of law. Given the gravity of the allegations and the potential threat to the integrity of the I'nVeStigatiOn, it iS Submitted that the`Petitioner does not deserve the discretionary relief of bailand it is urged tc, dismiss the bail petition. 6. Thoughtful consideration is bestr,wed on the arguments advanced by the learned Counsel for both sides. I have p'erused the entire record. POINT FOR CONSIDERATION: 7. ln 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.I "Whether the Petitioner -ls entitled for grant of bail?" ANALYSIS: 8. This is the second bail appli:ation. On the earlier occasion, in Crl.P.No.9216 of 2025, v,-de order dated 18.09.2025, the petition filed for grant of bail was c!ismissed on the ground that the investigation was at a nascent stage. The learned Assistant Public Prosecutor now submits that the _J`fr^ Dr. YLR, I CrI.P.No.1O243 of 2025 Dated 06_10.2025 investigation is completed, but the charge sheet is yet to be filed. The petitioner was arrested on 19.07.2025 and has been in judicial custody for the past 47 days. 9. Considering the period of detention undergone by the Petitioner/Accused, the nature and gravity of allegations levelled against the Petitioner, and his alleged role played in the case, this Court is inclined to enlarge the Petitioner/accused on bail with the following stringent conditions: i. The Petitioner/Accused shall be enlarged on bail subject to he executing a personal 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 Judicial First Class Magistrate, Kandukur. ii. The petitioner/Accused shall appear before the Station house officer concerned, on every saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The petitioner/Accused shall not commit or indulge in commission of any offence in future. __\>.\ Dr. YLR, J CrI.P.No.10243 ofZo25 Dated O6.10.2025 v. The petitioner/Accused shall cooperate wI'th the jnvestI'gating officer I-n further investigation of the case ----i ---and -sh-all -make--hiin§alr-aVai-lab-I-e-f-of-l'fi:I-effi6-a-a~tfo-n-b~y--I-h-e----`: == ---- investigatI-ng Officer aS and when required. vi The PetI-tiOner/Accused shall not, directly or indirectly, make any I-nducement, {hrea{ or promise to any person acquaI-nted wI-th the facts of the case so as to dI'SSuade him/her from disclosing such facts to the court or to any poII'Ce Officer. 10. Accordingly, the crI-minal Petition is allowed. //TRUE COPY// s DA-sMs lPssR+ffiRFSAFIR:Ai:R To, 1. The Judicial First Class Magistrate, Kandukur. 2. The Superintendent, District Jail, Ongole, Prakasam District. 3. The SHO, Lingasamudram Police Station, SPSR Nellore District. 4. One CC to SRI. SIVAPRASAD REDDY VENATI Advocate [OPUC] 5. Two cos to PUBLIC PROSECUTOR, High Court ofAndhra Pradesh.[OUT] 6. One spare copy ksr HIGH COURT DR.YLR, J DATED..06/10/2025 BAIL ORDER CRLP.No.10243 of 2025 i ALLOWED