1 APHC010634192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12206/2025 Between: Kadali Rama Nagaraju Alias Ramu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. MUTYALA SOBHANADRI NAIDU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.12 for granting of pre-arrest bail in connection with Crime No.227 of 2025 of Tanuku Town Police Station, West Godavari District, registered for the alleged offence punishable under Sections 61(a), 310(2) and 317(3) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’). 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 3. Mr. Sobahanadri Naidu, learned counsel for the petitioner, submits that the petitioner is innocent and has not committed any offence. He is the sole breadwinner of his family and is willing to abide by any conditions that may be imposed by this Court while enlarging him on bail. He was falsely implicated in this case based on the confession of the co-accused. No stolen property was recovered from the possession of the petitioner. He is running a fancy shop. No message or photograph was received on his phone. He has not played any active role in the alleged offence. He has a wife and a seven-month-old daughter who depend on him, and he needs to take care of them. The petitioner was arrested on 15.10.2025. He has been in judicial custody for the past 48 days. Hence, it is prayed that bail may be granted to the petitioner. 4. Per contra, Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, vehemently opposes the grant of bail and submits that the petitioner is the main conspirator and played a pivotal role. The investigation is still at a nascent stage and some more material witnesses are yet to be examined. If the petitioner is enlarged on bail, he would definitely threatened the witnesses and hamper the progress of the investigation. Hence, the learned Assistant Public Prosecutor prays for dismissal of the criminal petition. 3 5. On perusal of the record and the statements of LWs.1 to 12, it appears to be a case of dacoity followed by housebreaking during the night. There are serious allegations against the petitioner/Accused No.12, who is alleged to have acted as the kingpin in the commission of the dacoity. Although the petitioner did not receive any property obtained through the dacoity from the other accused, he, along with Accused No. 11, allegedly conspired and sent photographs of the scene-of-offence building, thereby indirectly participating in the dacoity by actively aiding the other accused. The investigation is at a nascent stage, and some more material witnesses are yet to be examined. The petitioner was arrested on 15.10.2025. He has been in judicial custody for the past 47 days. The investigation further reveals that the petitioner played a pivotal role along with Accused No. 11 in devising the plan for the commission of the dacoity. There are no merits in the petition. Hence, the criminal petition is dismissed. 6. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 03.12.2025 S D P 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12206 OF 2025 03.12.2025 S D P