I . IN THE HIGH COURT OFANDHRA PRADESH AT AIVIARA I/ WEDNESDAY, THE FIFTH DAY OF FEBRUARY, TWO THOUSAND AND ll^/ENTY FIVE :PRESENT.- THE HONOURABLE SRI JUSTICE K SREENIVASA REDD CRIMINAL PETITION NO: 469 OF 2025 `Between : Kotyada Prasad, S/o. Kotyada Rama Krishna, Aged 44 years, D.No.2-7 Talari Kotyada, Vl®zianagaram District presently resI'ding at D.N 37-12-71/6, NGGO's Colony, Murali Nagar, Visakhapatnam. ...Petitioner/A AND 1. State of Andhra pradesh, Through its SHO, Pendurthy p.s, visakhapatnam District, Rep by its public Prosecutor, High Court ofA.P, ...Respondent/complainant`' 2. V.Leela Krishna prasada Rao, Dr.no.21-137, Venkatadri Nagar, Prahladapuram post, Gopalapatnam, visakhapatnam. r i ...Respondent No.2+I (Respondent No.2 is impleaded as per the court order dated o5.02.2025, in I.A|No.1 of 2025 I-n Cr[|P.No.469 of 2025) petition under section 482 of BNSS, 2023, is filed praying that in th6 circumstances stated in the grounds filed in support of the criminal petition, the High Court may be pleased to enlarge the petitioner/Accused No.2 on ba"- in connection with cr.No.585 of 2024 on the file of pendurthy police Stall.On, for the alleged offences section 109(1 ), r/w 3(5) BNS. The petI-tl®On coming on for hearing, upon perusing the petitl-on and the grounds filed in support thereof and upon hearing the arguments of M/s T.Ashok Srivastava, Advocate for the petitioner and of public prosecutor for the Respondent, the court made the following I gBJ2E.. - Thl's crI'mI'naI Petltl'On, under sectlon 482 of the Bharatl'ya Nagarl'k suraksha sanh,ta, 2023 (for short lBNSS') has been filed on behalf of the petl't,'oner/accused No 2 to grant antjcl'patory ba" ln connect,on wlth Crlme No.585 of 2O24 of pendurthy polI'Ce Slat,Ion, vl-sakhapatnam commjssI-Onerate. 2. A case has been regl'stered against the petl'tl-oner/ accused No.2 and others for the offence punlshable under sect,Ion 109 W read w,th 3 (5) of the Bharatlya Nyaya sanhltha, 2023 (for short 'BNS') 3 case of the prosecutIOn, ln brJef, IS that, the de facfo complaf'nant was runn,'ng a transport buslness, that hls frJend by nNaa:aer PQa::=:=_ :rlShna was constructing a bu,Iding -I;l-;:ItUh'n Nagar, shl'pp,'ng Layout, and the sald l|ssue ls pendl'ng before the court, that the accused No 1 and the petltloner herein/accused No.2 were alleged to have fl-xed the h-r,a--- the banners jn the saf'd _, _,vrlc]ylHg [nat the l'ssue is pendI-ng before the court and not to make any constructlon Jn the said place, that whl'le so, one pachala KrJShna quest,oned the accused about the act of f,'xl'ng banners ln the sald place and called the de racfo comp'a,nant, one vada sada slva Naga Llngeswara Rao and Kallgatla subramanya sum Kumar and when they a" went to constructI'On place, dl-splayl'ng that the 3 Maithri Nagar building, accused were alleged to have thrown stones over them and beat them with iron rods; that the c/e facfo complainant was alleged to have sustained injury to his head. The case was reported to police, basing on which, a case in Crime No.585 of 2024 of Pendurfhy Police Station was reg'lstered for the aforesaid offences and investigated into. 4. Heard. Perused the record. 5. A perusal of material on record goes to show that there is property dispute between the petitioner/accused No.2 and the de facfo complainant and in connection with the said dispute, case and counter-case have been registered against the parties. ln the course of quarrel between the petitioner/accused No.2 and the de facfo complainant, the petitioner/accused No.2 was also beaten severely. 6. Learned Assistant Public Prosecutor for the State submits that the Wound Certificate would show that the de facfo complainant sustained simple injuries in the said scuffle. lt is further submitted that if the petitioner/accused No.2 is allowed to stay in the village, law and order problem would arise. 7. In view of the fact that it is a case and counter-case, this Court is inclined to grant anticipatory bail to the petitioner/ accused No.2, however, on certain conditions. -,f3riZf26-. 4 8. Accorql'ngly, in the event of arrest of petitI-Oner/ Jr accused No.2 in the above crime, he sha" be released on ba" on executI'ng a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) wl-th two sureties for the ll-ke sum each to the satl'sfactjon of the arresting offlcl|als, and also on condjtjon that the petitioner/accused No.2 sha" make himself available for I-nVeStI'gation as and when required and that he sha" not cause any threat, I-nducement or promI'Se to the prosecution witnesses. The petI'tjOner/accused No.2 shall appear before the stall-On House officer concerned one I-n a week ,-.e. on every saturday between 10.00 a.m. and 1.00 p.m., tm filing of the charge sheet. Keep,'ng jn view of the fact subml'tted by the learned AssI'Stant Public prosecutor, the petitioner/accused No.2 I'S directed not to enter into the limits of vepagunta village for a pert-Od Of two (02) months. 9, Accordingly, the crI-ml'nal Petition I-S allowed. A`C //TRUE COPY// A SSsDI/S TPAl#MO: KUMAR ISTRAR To, 4. Two cos topuBLIC Amaravati.[ouT] 5. One spare copy. PSD €-(-` r`i= SECTION OFFICER 1. The Judicial Magistrate of First class, vI-Sakhapatnam. 2. The Station House officer, pendurthy police stall-On, Visakhapatnam. 3. One CC to SRI T.ASHOK SRIVASTAVA, Advocate [opuc] I _ PROSECUTOR, High court of A.P., J/ HIGH COURT SRK,J DATED..05/02/2025 ANTICIPATORY BAIL ORDER CRLP.No.469 of 2025 ALLOWED ®~-, ~ i;i:{Jy~:a:? oq fl FF_g 62fifl£5