lN THE HIGH COURT .OF ANDHRA PRADESH AT AMA WEDNESDAY, THE TWENTY SECOND DAY OF JANl TWO THOUSAND AND TWENTY FIVE `--i-`= :PRESENT: THE HONOURABLE SRI JUSTICE NYAPATHY VIJA CRIMINAL PETITION NO: 465 OF 2025 a' ).+ Between : 1. Dugganaboina Eswaraiah, aged 43 years, S/o Pullaiah Caste by Yadava, Shefpherd, Resideng at D.No. 1/12. Velpucherla, Muddanur mandaI, YSR Kadapa district. 2. Dugganaboina Sivasankar, aged 26 years S/o Eswaraiah, Shefpherd, Residing at D.No. 1/12. Velpucherla, Muddanur mandal, YSR Kadapa district ...Petitioners/Accused Nos.1 & 2 AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court ofAP, through Station House Officer, Muddanur Police Station ...Respondents Petition under Sections 480 & 483 of BNSS & Sections 437 & 439 of Cr.P.C, praying that I'n the Circumstances Stated in the memorandum Of grounds filed in support of the Criminal Petition, the High Court may be pleased to set aside the order passed in CRL.M.P.No. 515 of 2024 on the file of VII District & Sessions Judge's Court at Kadapa-Gum-FAC II Additional District & Sessions Judge, Kadapa at Proddatur dated 9.1.2025 and pleased to grant regular bail to the petitioners/Accused Nos.1 & 2 in connection with Cr.No. 428 of 2024 of Muddanur Police Station by enlarging the Petitioners/ Accused Nos.1 & 2 on any terms and conditions as pleased by this Hon'ble Court IANO: 1 OF2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the memorandum of grounds filed in support of the petition, the High Court may be pleased to grant interim bail to the petitioners in cr.No. 428 of 2024 of Muddanur Police Station, Pending dI'SPOSal Of CRLP 465 of 2025, on the file of the High Court. The Petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI KASA JAGANMOHAN REDDY, Advocate for the Petitioners, and of PUBLIC PROSECUTOR, for the Respondent, the Court made the following r.` THE HON]BLE SRI JUSTICE NYAPATHY VIJAY Crl.P.No.465 of 2025 ORDER: 1, The present Criminal Petition is filed under Sections 480 & 483 of B.N.S.S. Act, 2023 seeking to enlarge the Petitioners i.e., Accused Nos.1 and 2 on bail in connection with Cr.No.428 of 2024, dated o1.12.2024 on the file of the Muddanur P.S., Y.S.R. Kadapa District, registered for the OffenCeS Punishable under Sections 126(2),118(1 ) r/w Section 3(5) of B.N.S. Act, 2P23. 2. Heard Sri P.Veera Reddy, learned seniorCOunSel for Sri Kasa Jaganmohan Reddy, learned counsel for the Petitioners and learned ? Assistant Public Prosecutor for the Respondent-State. Perused the record. 3. As perthe remand report, the accused and L.W.1-Chellaboina Gangaraju are the residents Of Velpucherla Village, Muddanur Mandal and they are living by rearing Sheep and its business. lt iS alleged that on 28.ll.2024 some unknown offenders had committed theft of 15 sheep of Accused No.1. When the accused were making searches about the stolen sheep, they suspected L.Ws 1 & 2 of the theft. As the message spread that L.Ws 1 & 2 were accused of I committing theft of 15 sheep, L.Ws 1 to 3 and their relatives went to ~--,--,_.-® IEi \- the house of accus;d' and argued with accused regarding the allegation that is being spread against them. As a result of the heated exchanges between them L,Ws.1 & L,W.2 were going on their motor cycle to lodge a complaint before Muddanur Police Station. While so, the Accused Nos.1, 2 & 6 to 8 chased them on their Bolero vehicle with intent to kill L.W.1. Basing on the statement given by L.W.1-Chelluboina Gangaraju, the case was registered on I 01.12.2024 at 9.50 p.m. The petitioners / A.1 & A.2 were arrested on 03.12.2024. 4. Learned senior counsel contended that even assuming that the allegations are true, the attack cannot be termed as pre-planned and at best, an action on the spur of the moment. lt is further contended that the victims had actually attacked the family members of the Petitioners and complaints given by them are not being registered. Learned senior counsel further contended that as the Petitioners have been under detention from last 50 days, there is no I requirement for their further detention and they are entitled to be released on bail. Photographs were also filed along with the application showing injuries to the family member; of the accused. However, this Court is not inclined to express its opinion thereon. 5. Learned Assistant Public Prosecutor opposed the application on the ground that RFSL report on the weapons used in the attack a -=tzJ t -- -----. ---`~ a ® are awaited in the investigation and further examination of the witnesses is required. lt is also contended that as the victims and I accused are from same Village, there might be an issue of law and order, if the petitioners are released-on bail. 6. Considering the submission made by both the learned counsel, th'ls court is of the opinion that as the Petitioners are under detent-Ion from o3.12.2024 and that substantial part Of the investigation is completed, but for the RFSL report, the petitioners/A.1 and A.2 are entitled to be enlarged on bail, on the following conditions:- (i) The Petitioners/Accused No.1 and 2 shall be released on ? executing a personal bond for Rs.5,000/- (Rupees five thousand only) with two sureties for a like Sum each tO the Satisfaction Of the Judic'IaI Magistrate of F-lrst class, Jammalamadugu. (ii) on release, the petitioners/A.1 and A.2 shall appear before the station House Officer concerned, twice in a Week, between 4.00 p,m. to 6.00 p.m. till conclusion of the investigation and filing Of the charge sheet. (iii) The Petitioners/A.1 and A.2 shall not directly Or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the \ _--=--=* -_ rfu witnesses and shall not tamper evidence and shall co-operate with the investigation. lt is made clear that the Petitioners shall scrupulously comply with the above conditions and breach of any of the above cond'ltions will be viewed seriously and prosecution is at liberty to move an application for cancellation of the bail. 7. With the above conditions, the Criminal Petition is allowed. Consequently, miscellaneous applications, if any, pending shall stand closed. //TRUE COPY// Sd/-N.NAGAMMA ASSISTANT REGISTRAR `.```. SECTION OFFICER Tol 1. The Judicial Magistrate of First Class, Jammalamadugu, YSR Kadapa District 2. The lI Additional District & Sessions Judge, Kadapa at Proddatur 3. The Special Sessions Judge for trail of offences against women- Gum- Vll Additional District & Sessions Judge's Court, Kadapa FAC ll Additional District & Sessions Judge, Kadapa at Proddatur 4. The Superintendent, Sub-Jail, Jammalamadugu, YSR Kadapa District \ 5. The Station House Officer, Muddanur Police Station, YSR Kadapa District 6. One CC to SRl. KASA JAGANMOHAN REDDY, Advocate [OPUC] 7. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 8. One spare copy PSR HIGH COURT VN,J DATED :22/01 /2025 BAIL ORDER CRLP.No.465 of 2025 ALLOWED ®*