APHC010355012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice Y. LAKSHMANA CRIMINAL PETITION NO: 7353 OF RAO Between: Aiababu Bathula, S/o. Ankaiah. Aged about 40 years, Oco: Business R/o. Harijanawada, Eethamukkala Prakasam District Village, Kothapatnam Mandal ...Petitioner/Accused No.3 AND The State of Andhra Pradesh, through SHO, Kothapatnam Police Station, Krishna District, Rep. by Public Prosecutor, High Court of AP at Amaravati ...Respondent Petition under Section 438 of Cr.P.C., and 482 of BNSS praying that in e circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to enlarge the Petitioner/ in the event of his arrest i ‘ Petition, Accused No.3 on bail in Crime No. 39 of 2025 of Kothapatnam Station Prakasam District. Counsel for the Petitioner: Counsel for the Respondent: The Public Prosecutor. High Court of A.P The Court made the following order: Sri Sreenivasa Rao Velivela, Advocate APHC010355012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ■ v-. PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7353/2025 Between: ...PETITIONER/ACCUSED Aiababu Bathula AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.SREENIVASA RAO VELIVELA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: This Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner-accused No. 3 for granting of pre-arrest bail in connection with Crime No. 39 of 2025 of Kothapatnam Police Station, Prakasam District, registered for the alleged offences punishable under Sections 118 (1) and 351 (3) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution is that on 17-06-2025 at 5 p.m. in Madanuru Village, Kothapatnam Mandal, the petitioner-accused No. 3, along with accused Nos. 1 and 2, beat the de facto complainant with stick and iron rod on his head and caused blood injury. The petitioner beat the de facto complainant with a stone on his left below eye, face and caused swelling injury. When villagers intervened and tried to rescue the de facto complainant, accused Nos. 1 to 3 also threatened the de facto complainant to kill. Later, the injured was shifted to Government General Hospital, Ongole, for treatment. 3. Sri Sreenivasa Rao Velivela, learned counsel for the petitioner, submits that the petitioner has not committed any offence; he was falsely implicated in this case; he is ready to abide any conditions to be imposed by this Court; if any relief is given, he will not jump any condition as he has fixed abode; and urged to grant pre-arrest bail to the petitioner. Per contra, Ms. P.Akhila Naidu, learned Assistant Public Prosecutor, 4. vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still underway; if the petitioner is granted pre-arrest bail, he will repeat the same offence and urged to dismiss the bail petition. Heard and perused the record. 5. There are specific overt acts attributed against the petitioner. The petitioner is a rowdysheeter. There are three crimes, namely; (1) crime No. 74 6. of 2012 under Sections 506, 509 and 323 IPC, (2) crime No. 136 of 2014 under Sections 324 and 506 IPC and (3) crime No. 61 of 2017 under Section 353 IPC. L.Ws.2 to 4, who are independent witnesses, supported the version of the de facto complainant. Wound certificate is awaited. Investigation is still pending. Indeed, pre-arrest bail is not a shield or protection to any person against whom specific overt acts are there, as per the judgments of the Hon'ble Apex Court in Gurbaksh Singh Sibbia Vs. State of Punjab^ and Sushila Aggarwal Vs. State of Delhi^. There are no merits in the petition and the petitioner-accused No. 3 is not entitled for grant of pre-arrest bail. The criminal petition is accordingly dismissed. 7. ^(1980) 2 see 565 (2020) 5 see 1 Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// psr SECTION OFFICER To, 1. The Station House Officer, Kothapatnam Station, Prakasam District. 2. One CC to Sri Sreenivasa Rao Velivela, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] 4. Three CD Copies HIGH COURT DATED: 18/08/2025 ORDER CRLP NO. 7353 OF 2025 #(0 4NOV2^^^ ^★\Cu^aection^^ DISMISSING THIS CRIMINAL PETITION