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2025 DAILYLAW 36201 (AP)

V RAVINDRA NAIK v. THE STATE OF ANDHRA PRADESH

CRLP/9549/2024 · 2025-01-07

K Sreenivasa Reddy

body2025

Judgment text

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APHC010590532024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO.9549 OF 2024 Between: V Ravindra Naik ...PETITIONER/A2 AND The State of AP Rep. by its PP ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. P NARAHARI BABU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A2, seeking anticipatory bail, in connection with Crime No.51 of 2024 of Penukonda Police Station, Sri Satya Sai district. 2 2. Originally, a case has been registered against the petitioner herein and another for the offence punishable under Section 324 read with 34 IPC. Later, during the course of investigation, the police have altered the Section of law from 324 read with 34 IPC to Section 326 read with 34 IPC. 3. Earlier, on coming to know that a case was registered against them, the petitioner herein/A2 and another Accused No.1 voluntarily surrendered before the learned Magistrate and filed an application in Crl.MP No.472 of 2024 seeking bail. By an order dated 10.04.2024, the learned Magistrate allowed the said application and released the petitioner herein and A1 on bail on their executing personal bonds for Rs.25,000/- each with two sureties for like sum each. Thereafter, pursuant to alteration of Section of law to one under Section 326 read with 34 IPC, apprehending his arrest, the petitioner herein/A2 filed the present petition seeking anticipatory bail. 4. Heard. Perused the record. 5. Learned Assistant Public Prosecutor submitted that the wound certificate reveals that the injuries caused by the accused are grievous in nature and in view of the said reason the Section of law was altered to one under Section 326 read with 34 IPC. 3 This Court perused the remand report filed by the police, wherein the petitioner herein/A2 is alleged to have beat the victim with a stick on his legs and hands and caused dumb injury. By virtue of that, it can be inferred that the specific overt act as against the petitioner/A2 is that he is alleged to have beat the victim on non-vital parts, whereas A1 is alleged to have beat on the head of the victim resulting in grievous injury. 6. In view of the aforesaid facts and circumstances of the case and since the petitioner/A2 has caused injury on non-vital parts of the victim, this Court is inclined to grant anticipatory bail to the petitioner herein/A2 on the following conditions. i) In the event of arrest of the petitioner herein/A2 in the aforesaid crime, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. ii) Petitioner shall make himself available for interrogation by a police officer as and when required, and he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to 4 dissuade him from disclosing such facts to the Court or to any police officer. iii) Petitioner shall appear before the Station House Officer concerned every day between 10.00 AM and 01.00 PM till filing of charge sheet. 7. Accordingly, the Criminal Petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J Dated:07.01.2025 Nsr 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.9549 of 2024 Dated:07.01.2025 Nsr