[3369] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE .-PRESENT: THE HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 3904OF 2025 e, E= Between : Kurmapu sundara Rao, S/o. Lachayya, Aged about 47 years, R/o. Kovela veedhl-, chjnnabadam vI'Ilage, pa]asa Mandal, srikakulam District. AND Petitioner/Accused No.10 The State of Andhra pradesh, rep. by its public prosecutor, High Court at AmaravathI', through the Station House officer, Kasjbugga poll-Ce Statl'on,srikakulam District. Respondent/complainant petition under section 482 of BNSS, 2023 is fl'led praying that in the circumstances stated in the affidavit filed I'n Support Of the Criminal Petition, the High Court may be pleased to dI'reCt the release of the petl-tioner on anticipatory Bail in the event of his arrest in crime. No. 572 of 2024 on the file of KasI'bugga Police station, srI'kakulam DistrI'Ct . The pet[ltion/Appeal coming on for hear['ng, upon perusing the petI'tI'On and the grounds fl'led jn support thereof and upon hearing the arglJmentS Of sri A RAVI SHANKAR Advocate for the petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the court made the following. uIIiiEiiiE (i I T+.-:-I r/ THE .HONOURABLE SRI JUSTICE I MALLIKARJUNA RAO CRIMINAL PETITION NO: 3904 of 2025 Order: The Criminal Petition, under Section 482 of the Bharatiya Nagarik suraksha sanhita, 2023, is filed on behalf Of the Petitioner/A10 to grant ahticipatory bail in connection with Crime No.572 of 2024 of Kasibugga police Station, Srikakulam District. 2. A case has been-registered against the Petitioner herein and others for the offences punishable under Sections 25, 27 of Arms Act and section 109(1 ), 61 (2) r/w 3(5) B.N.S. 3. Case of the prosecution, in brief, iS that, On 20.12.2024 between 5.30pm and 8.30pm at the house Of Badda Nagaraju of Chinnabadam village, palasa Mandal, the petitioner COnSPired With Other accused in this crime and engaged Bihar gang for killing One Badda Nagaraju, and the Investigating officer arrested Al to A4 and A6 and their confession revealed that the petitioner also conspired to kill said Badda Nagaraju by contributing amount and that police registered a case against the petitioner and other accused. 4. Heard. Perused the record. 5. Learned counsel for the petitioner Submits that, based Orl the confessional statement of a co-accused, the petitioner's name has been included in the FIR. However, no recovery has been made from the e2ZiZ/ 2 Jr/ petitioner, and no injuries were sustained by any individual. The petitioner has submitted a copy of the order dated 29.01.2025 in Crl.P.No.563 of 2025, which observes that the record indicates that,' based on the confessl|onal statement of a co-accused, the petitioner's name has been listed as an accused in the present case. Apart from the confessional statement, there is no other material to link the petitioner to the crime. It is stated that five other individuals, in addition to the petitioner, were present along wi.th the co-accused, who are from Biha-r. Apart from the tower location, there is no other evidence connecting the Petitioner tO the Crime. The tower location is considered secondary evidence, and at this stage, without any corroborative evidence regarding the alleged meeting] I-i Cannot be COnCIusively saic] that the petitioner was l'nvolved with the other accused jn the crime. 6. The reasoning provided by this court in the aforementioned case is applicable to the petitioner in this case as well. Considering the facts of the case and the observations made by this court, there is no reason to adopt a different view. lt is not the case that, after the granting of anticipatory bail, the Investigating officer has gathered any substantial material indicating the petitioner's involvement in the commission of the offence. ln light of these facts, this court is inclined to grant anticipatory bail to the petitioner. \ c``-_ •, 3 7. Accordingly, in the event of his arrest with regard to this crime, petitioner/A10 shall be released on bail on his executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only), with two sureties each for the like sum to the satisfaction of the arresting police officials and also on condition that the petitioner shall ma.ke himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecu'tion witnesses. The petitioner shall appear before the Station House Officer concerned, once in a'week i.e. on every Sunday between 10.00 a.m. and 05.00 p.m., till filing of the charge-sheet. 8. Accordingly, the Criminal Petition is allowed. SD/- A, .V!.:j ASSIST TRUE COPY,, SECT.I9ngg Fol.. I__`-.._ --...-._-- i \`:..?i.. -: :a\..` `.: ``' I .-i{\ ``..`.\`.. . ..- . - AYA';+`BABUb `'` L . ^}='..- -:SifFl¥[gcER 1. The Station House Officer, Kasibugga Police Station, Srikakulam District . To, ..,. . c2. One CC to. SRl. A RAVI SHANKAR Advocate [OPUC] c£JiioWuOT:Cs to Public Prosecutor (AP) HIgh Court ofA P., Amaravati 4. One spare copy HIGH COURT TMR,J DATED :28/04/2025 BAIL ORDER CRLP.No.3904 of 2025 ALLOWED =A~rifti-r*Sri< £kGNNL e€ii 2 \ .\PR \\\'l\ •p -a_S_* --Lt--