ff@ I. lN THE HIGH COURT QF ANDHRA PRADESH AT AMARAI THURSDAY, THE THIRTIETH DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVE :PRESENT: HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 8787 OF 2024 Betwee n : B Purushothama Rao, S/o. Dhanaraju, aged 36 years, R/o. D. No. 58-2-34, Bagaiah Street, Patamata, Vijayawada, NTR District, Andhra Pradesh. ...Petitioner/Accused AND The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh. I ...RespondenUComplainant --- ® t Petition under Section 482 of Bharatiya Nagarl'k Suraksha Sanhita, .1 2023 (438 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petl'tion, the High Court may be pleased to grant pre arrest bail to the petitioner in Crime No. 364 of 2024 dated 06.ll.2024 on the file of SHO PS, Satyanarayanapuram, NTR Commissionerate, Vijayawada, NTR District in the ,event of Petitioner's arrest Counsel forthe Petitioner : Srl'VSai Kumar Counsel for the Respondent : Assistant Public Prosecutor. The Court made the following ORDER: I '` -+< _I + THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION No. 8787 0F 2O24 ORDER : This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2O23), is flled seeking anticipatory bail in connection with FIR No.364 of 2024 of Satyanarayanapuram police station, Vijayawada registered for the offences punishable under Sections 309 (6),log (2), 61 (2) and 49 of the Bharatiya Nyaya Sanhita, 2023. 2. It is alleged in the statement of the defacto complainant recorded by police, pursuant to ivhich the subject crime was registered, that an extent of 325 square yards of land situated in Lakshmipuram area of Vijayawada is held in the name of his mother, and the said land is occupied illegally by A.1 with false documents. In connecticm with the same, a case in crime No.639 of 2017 of Satyanarayanapuram police station was registered at the instance of the defacto complainant. On that, A.1 and his associates started .I I.z/ ae"` I/ threatening him, and afraid of the same, he went to Hyderabad and did software job for some time. After some time, he retumed to Vijayawada and when he was trying to get the sheds illegally laid in the subject land with the help of Revenue and Electrical Department, A.1 filed cases in High Court. In 2023 and 2O24, when A.1 and his associates, in violation of the Rules, constructed a building by merging two plans, and on that he was reporting the same to news channel, driver of A.1 and three others entered into his house and high-handedly pulled it away, and the said incident was reported to the ETV head Nageswar Rao. The defacto complainant uploaded the injustice done to him by way of a video, in you-tube. On that, two persons, one tall and skinny person and the other short black person, entered into his house on 31.10.2O24 at about 8.3O PM in drunken condition and chewing pan, and high-handedly threatened him to be careful and not to raise any dispute with A.1, and went away. On the same day, in the mid- night, the said persons came in front of his house and I, fired Diwali rackets. On O6.ll.2024 between 12.30 noon and 1.00 pm, while he was going to bath room to take bath, four persons were present in the premises of his house, and one of them threatened him to kill and held his neck and two of them held his both hands back to the wall, and the person who was short, hit him on his private parts with his knee, and while he was trying to get rid of them, the said persons fled away by taking the wallet, Samsung mobile and a bag containing original documents belonging to his site, and when he raised cries, neighbours came and the said persons ,fled away stating that if he goes against A.1, they would kill him. Thereafter, he informed others about the incident and lodged the report. 3. Heard the learned counsel for the petitioner and the leamed Assistant Public Prosecutor appearing for respondent-State. 4. Leamed counsel for the petitioner submitted that the only allegation as against the petitioner is that he is alleged to have given his car to co-accused, and ig i= fr except the said allegation, there is no other material to connect the petitioner to the subject crime. He submits that the petitioner has fixed abode and there iS nO flight risk and he is ready to co-operate with the investigation. Hence, he prays to consider the request of the petitioner for anticipatory ball. 5. On the other hand,learned Assistant Public Prosecutor contended that basing on confessional statement of co-accused, the petitioner has been shown as accused. He submits that the said car has been purchased by the petitioner from L.W.7-P.Mohan Muralidhar and thereafter certain amounts have been transferred from the account of the petitioner herein to the account of A.2, to a tune of Rs.1O,OOO/- on lO.ll.2O24 and Rs.20,OOO/-on O3.ll.2O24, and in view of the specific allegations, petitioner is not entitled for anticipatory bail. 6. A perusal of the material on record goes to show that except confessional statement of co-accused, there is absolutely no material as against the petitioner. i= 1 It is pertinent to mention here that L.W.7-P.Mohan Muralidhar made a statement that the cai bearing registration No.AP21BF 5355 has been purchased by the petitioner in the year 2O21 for an amount of Rs.2,7O,00O/-, and the said car has been used in commission of the offence alleged. There is no allegation that the petitioner physically participated in the offence alleged or that he trespassed into house of the defacto complainant. Except handing over the car to the co- accused, there is no other allegation to connect the petitioner with the subject crime. 7. Insofar as money being transferred to the account of other accused, it is alleged that the said transactions took place on 03.ll.2O24 and 06.ll.2O24. The alleged incident is said to have taken place on O6.ll.2024. Merely because certain amounts have been transferred to the account of A.2, it cannot be inferred that it is the petitioner, who hired the other accused in the aforesaid crime. I ``e -zl r-z,ri, /7 8. Insofar as A.1 is concerned, he preferred SLP (Cr1.) No.18172 of 2O24 before the Honble Supreme Court of India, against dismissal of his anticipatory bail application by this Court vide Order dated ll.12.2024 in Criminal Petition No.8094 of 2O24, and the Honble Apex Court, vide Order dated 24.01.2O25, granted anticipatory bail to A.1. Petitioner stands on the same footing as that ofA.1. It is not the allegation where the petitioner trespassed into house of the defacto complainant and laying an assault thereafter. There is no such averment either in the F`irst Information Report or in Section 161 CrPC statement of witnesses. In view of the facts and circumstances of the case, this Court is inclined to consider the request of the petitioner for grant of anticipatory bail. 9. J Accordingly, in the event of his arrest in the aforesaid crime, the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.10,OOO/-with two sureties each for the like sum, to the satisfaction of the arresting officials. ii:.i_c== -fr. i -----~- /++`+-;+++ +++i+i E The petitioner Shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. The petitioner shall appear before the Station Horise Officer COnCemed, Once in a Week i.e. On every sunday between lO.OO AM and 5.OO PM, till filing of the charge sheet. 1O. Accordingly, the Criminal Petition is allowed. Miscellaneous petitions pending, if any, in the Criminal Petition shall stand closed® sD/-K.SRINIVASA RAJU ASSISTANT REGISTRAR cf- //TRUE COPY// Fol SECTION OFFiCER To, 1. The Station House Officer, Satyanarayanapuram Police Station, NTR Commissionerate, Vijayawada, NTR District.. 2. One CC to SRI. V SAI KUMAR Advocate [OPUC] 3. Two cos to Public Prosecutor (AP) High Court ofAndhra Pradesh [OUT] 4. One spare copy CVSS I, ~ HIGH COURT SRK,J DATED..30/01 /2025 BAIL ORDER CRLP.No.8787 of 2024 ALLOWED `..``.`:,_:::, i.`` `` t€tts` `1t`t\± `£¢S*;`:+air;=£_RTife# iv i