APHC010592122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11568/2025 Between: Kondur Bhargava Kesava ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. YASWANTH GADE Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 20231 by the Petitioner /Accused No.1 for granting of pre-arrest bail in connection with Crime No.193 of 2025 of Bandar Taluk Police Station, Krishna District, registered for the alleged offences punishable under Sections 332(b), 109 and 324(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 20232. 1 the BNSS 2 the BNS 2 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. As seen from the record, the petitioner sustained injuries in the instant case along with L.W.1. The remand report of Accused Nos. 2 and 3 also reveals the same. The complainant/L.W.1 is the brother-in-law of the petitioner. The allegation against the petitioner is that he trespassed into the house of L.W.1 and caused injuries on his shoulder with an iron rod; however, the injuries are simple in nature. There is a reference in the order of the learned Special Judge for trial of cases under the SCs and STs (PoA) Act, 1989-cum-X Additional Sessions Judge, Machilipatnam, stating that compromise affidavits were filed by the complainant and the mother-in-law of the petitioner. However, those compromise affidavits were not considered by the learned Sessions Judge on the ground that the offences affect public peace and are against the State. The offences are not private in nature, and the compromise cannot automatically entitle the petitioner to anticipatory bail. The petitioner is permanent resident of Srikarthota, Chilakalapudi Rural, Machilipatnam, Krishna District. He has got fixed abode. 4. Be that as it may, considering the gravity and nature of the allegations levelled against the Petitioner/Accused No. 1, the compromise effected between the parties, and the nature of the injuries allegedly suffered by L.W.1, this Court is inclined to grant pre-arrest bail to the Petitioner/Accused No. 1. 5. In the result, the Criminal Petition is allowed with the following conditions: 3 i. In the event of arrest of the Petitioner/Accused No.1 he shall be enlarged on bail subject to his 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/Accused No.1 shall make himself available for investigation as and when required; iii. The Petitioner/Accused No.1 shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The Petitioner/Accused No.1 shall 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. v. The Petitioner/Accused No.1 shall not leave the State of Andhra Pradesh limits without the express permission from the Station House Officer concerned. vi. The Petitioner/Accused No.1 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit affidavits to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 18.11.2025. KMS 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11568 OF 2025 18.11.2025 KMS