[3369 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE iPRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 3404 OF 2025 Between: 1. Ande Ajay, S/o Ramana, Aged 20 Years, Yenuguthuni, Studying 4 Year B.Tech VTCYenugutuni, PO; Enugutuni Sub DistrictKasimkota, Visakhapatnam District Andhra Pradesh 2. Gade Mukesh Reddy, S/o Niranjan Reddy Aged 21 Years, B.Tech Final Year, Srinagar Colony Panagal Road Nalgonda, Telangana State Petitioner/Accused No.A7 and A10 AND The State of Andhra Pradesh, (Tadepalli Police Station, Guntur District) Rep. by the Public Prosecutor, High Court of Andhra Pradesh Amaravati. Respondent/Compiainant Petition under Section 438 of Cr.P.C & R/W 482 of BNSS is filed , praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners/A7 and A10 on bail in the event of arrest in connection with in Crime No. 109/2025 of Tadepalli Police Station, Guntur District. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri RAM BABU DEVAVARAPU Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. APHC010153692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] ■k FRIDAY,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY-FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL PETITION NO: 3404/2025 Between: ...PETITIONER/ACCUSED(S) Ande Ajay and Others AND ...RESPONDENT/COMPLAINANT The State Of Andhra Pradesh Counsel for the Petltioner/accused(S): TRAM BABU DEVAVARAPU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), has been filed by the Petitioners/A.7 and A. 10, seeking anticipatory bail, in connection with Crime No.109 of 2025 of Tadepalli Police Station, Guntur District. A case has been registered against the Petitioners/A.7 and A. 10 and other accused for the offences punishable under Section 126(2), 137(2), 109(1), 351(2) r/w.3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’). The prosecution's case, in brief, is that on 07.03.2025 at 23:30 hours, while the defacto complainant and his friend Pavan were returning from Tadepalli in their car along the service road towards Mangalagiri, the accused 1. 2. 3. N 2 attempted to attack them. In response, the complainant and his friend sped away in their car. The accused chased them in a i20 car and wrongfully restrained their car and forcefully brought complainant out of car and beat him away near fields of quickly and forcefully taken him into their car and taken Mellampudi Village. Meanwhile, his friend Pavan ran away. The accused beat him with hands and rods causing bleeding injuries on face and head. Meanwhile, they asked for Nagendra and warned that they will kill them way. The accused taken knifes and tried to kill complainant, in fear of life, the complainant shouted loudly and ran from their custody. Meanwhile students of KLU and some farmers came to scene by listening to sounds, then the accused ran away. any some 4. Learned counsel for the petitioners/A.7 and A. 10 contends that this Court was pleased to consider the bail application of the Accused No.5 and 6 vide order dated 01.04.2025 in Crl.P.No.3078 of 2025 and he further contends that the case of the present petitioners is also on the same footing the Accused Nos.5 and 6. as that of 5. Learned Assistant Public Prosecutor representing Respondent-State has not disputed the said contention of the learned petitioners/A.7 and A. 10. Heard both sides. I have gone through the orders passed in Crl.P.No.3078 of 2025. A perusal of the record shows that the 1®* petitioner/A.7 is shown to be the B.Tech student, aged about 20 years and the 2"^ petitioner/A.10 is also shown to be the B.Tech student, aged about 21 years. When ascertained from the learned Assistant Public Prosecutor, he submits that no criminal antecedents have been reported against the petitioners herein and he further submits that the case of the present petitioners is also on the same footing as that of the Accused Nos.5 and 6, who were released on anticipatory bail vide Crl.P.No.3078 of 2025. counsel for the 6. 7. r 3 As seen from the record, the primary accusation is made against the A.1. According to the prosecution case, the petitioners and other accused were present at the scene of, offence. The contents of the report show that when the petitioners and others attempted to attack, the defacto complainant and others left the scene in a car. Based on the material on record, at best, it can be said that the petitioners were present at the time of alleged incident. Considering the submissions made by learned counsel for the petitioners that the petitioners are B.Tech students, pursuing their education at K.L. University, and that their careers will be affected if they are arrested. Considering the fact that A.5 and A.6 were granted bail, this Court is of the view that granting anticipatory bail to the petitioners/A.7 and A. 10 herein will not affect the investigation in any way. The learned counsel for the petitioners submits that the petitioners have permanent residences of Visakhapatnam and Nalgonda Districts, and there is no possibility of their fleeing from the jurisdiction of the Court. Upon careful review of the available material, as there is no risk of interference with the ongoing investigation by the Petitioners, this Court finds that anticipatory bail can be granted to the Petitioners/A.7 and A. 10 under certain conditions; 9. 10. (i) The petitioners/A.7 and A. 10 are directed to surrender before the Station House Officer concerned within two (2) weeks from today, (ii) On such surrender, the petitioners shall be released on bail on their executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the arresting officials, (iii) The petitioners shall make themselves available for investigation as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. r 4 (iv) The petitioners shall appear before the concerning Station House Officer, once in a fortnight, within a period of two (2) months. With the above directions, the Criminal Petition is allowed. 11. Miscellaneous applications pending, if any, in this Criminal Petition, shall stand closed. SDI- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SEerflON OFFICER Fc To, 1. The Station House Officer, Tadepalli Police Station, Guntur District. 2. One CC to SRI. RAM BABU DEVAVARAPU Advocate [OPUC] 3. Two CCs to Public Prosecutor (AP) High Court of A.P., Amaravati [OUT]. 4. One spare copy HIGH COURT ^ ' j ' ■ f T'V '■ ■: TMR,J DATED: 04/04/2025 BAIL ORDER CRLP.No.3404 of 2025 ALLOWED !0 8 l\PR 2® & o O m' Co V •TvT^’'