APHC010642862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12383/2025 Between: Nellore Manoj and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. MEDARA SIVA PRASAD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the Petitioner Nos.1 to 9/Accused Nos.2, 13, 15, 16 and 18 to 22for granting of pre-arrest bail in connection with Crime No.191 of 2024 of MuthukurPolice Station, SPSR Nellore District, registered for the alleged offences punishable under Sections 189(2), 191(2), 109(1), 333 and 118(1) read with 190 of the Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor. 2 3. As seen from the record, there has been longstanding animosity and the disputes in between the petitioners group and the de-facto complainant group. The de-facto complainant lodged a report against the petitioners which was registered as a case in FIR No.191 of 2025. The learned Assistant Public Prosecutor submits that the accused in this crime had also lodged a report against the de-facto complainant and others which was registered as acounter case. Having seen the statement of the de-facto complainant recorded by the police, this Court notices that except against the Petitioner No.1/Accused No.2, there are omnibus allegations leveled against the Petitioner Nos.2 to 9/Accused Nos.13, 15, 16 and 18 to 22. There are specific overt acts attributed against the Petitioner No.1/Accused No.2 that he beat the de-facto complainant with an iron rod and caused bleeding injuries. In view of the specific overt acts attributed to the Petitioner No.1/Accused 2, this Court is not inclined to grant pre-arrest bail. Grant of pre-arrest bail is an discretionary remedy, to be granted only in exceptional circumstances. It is well settled in law, as enunciated by the Hon’ble Supreme Court in Gurbaksh Singh Sibbia v. State of Punjab1and Sushila Aggarwal v. State (NCT of Delhi)2, that the grant of anticipatory bail does not amount to a charter for commission of serious offences, nor does it serve as a cloak of immunity for individuals against whom specific and prima facie cognizable allegations have been levelled. The relief under Section 482 of ‘the BNSS’ is intended to safeguard personal liberty, but not to thwart the legitimate course of investigation or to 1 (1980) 2 SCC 565 2 (2020) 5 SCC 1 3 protect those who are prima facie complicit in grave offences involving overt acts. 4. Considering the gravity and nature of the allegations which are omnibus against Petitioner Nos.2 to 9/Accused Nos.13, 15, 16 and 18 to 22, they shall be granted pre-arrest bail. 5. In the result, the Criminal Petition is partly allowed with the following conditions: i. In the event of arrest of the Petitioner No.2 to 9/Accused Nos.13, 15, 16 and 18 to 22they shall be enlarged on bail subject to them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties for the like sum each to the satisfaction of the arresting police officials; ii. The Petitioner Nos.2 to 9/Accused Nos.13, 15, 16 and 18 to 22shall make themselves available for investigation as and when required; iii. The Petitioner Nos. 2 to 9 / Accused Nos. 13, 15, 16 and 18 to 22 shall not indulge in similar offences in the future until disposal of the case by the learned Trial Court. If any such report is received by the police, the Investigating Officer is at liberty to file a petition for cancellation of bail. iv. The Petitioner Nos.2 to 9/Accused Nos.13, 15, 16 and 18 to 22shall not cause any threat, inducement or promise to the prosecution witnesses; v. The Petitioner Nos.2 to 9/Accused Nos.13, 15, 16 and 18 to 22shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. vi. The Petitioner Nos.2 to 9/Accused Nos.13, 15, 16 and 18 to 22 shall not leave the State of Andhra Pradesh limits without the express permission from the Station House Officer concerned. vii. The Petitioner Nos.2 to 9/Accused Nos.13, 15, 16 and 18 to 22shall surrender their passport, if any, to the investigating officer. If they claim that they do not have a passport, they shall submit affidavits to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.12.2025. KMS 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12383 OF 2025 05.12.2025 KMS