APHC010585332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9461/2024 Between: 1. KATTULA BOBBY, S/O. ANANDA RAO AGED ABOUT 21 YEARS, R/O. NORTH RAJU PALEM VILLAGE, KODAVALUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, HIGH COURT BUILDINGS AT NELAPADU, AMARAVATI, GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SRINIVASULU T Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 438 of the Code of Criminal Procedure has been filed seeking to grant anticipatory bail to the Petitioner/Accused, in connection with Crime No.67 of 2024 of Kodavalur Police Station, SPSR Nellore District, which was registered for the offence under Section 436 of Indian Penal Code. 2 2. Heard Sri T.Srinivasulu, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State/Respondent. 3. Learned counsel for the Petitioner would submit that the involvement of the Petitioner in the present crime is only imaginary and his name is not specifically referred to in the compliant. Learned counsel would further submit that, this is the second anticipatory bail application and the earlier application in Crl.P.No.7658 of 2024 was dismissed by this Court vide Order dated 03.12.2024. Learned counsel would further submit that the Petitioner underwent surgery to his leg and is undergoing treatment. Learned counsel finally submits to allow the petition by granting anticipatory bail to the Petitioner. 4. Learned Assistant Public Prosecutor vehemently opposed the petition. Learned Assistant Public Prosecutor would submit that material part of the investigation is yet to be completed and there is no change of circumstances. Hence, prayed for dismissal of the petition. 5. As could be seen from the complaint, the accusations leveled against the Petitioner herein are grave in nature and there are specific overt acts attributed against the Petitioner in the commission of the alleged offence. This is the second anticipatory bail application filed before this Court and there are no changed circumstances from the date of dismissal of the earlier application, as put by the learned Assistant Public Prosecutor. 3 6. Considering the submissions, in the light of the allegations made against the Petitioner, and also the stage of investigation, this Court is of the view that, in the event of granting anticipatory bail to the Petitioner, there is every possibility of threatening the material witnesses. There are no tenable grounds to grant anticipatory bail to the Petitioner, at this stage. Hence, the petition deserves dismissal. 7. Resultantly, the Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date:27.01.2025 Dinesh 4 THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.9461 of 2024 DATE:27.01.2025 Dinesh