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2025 DAILYLAW 47721 (AP)

Banavath Jagadish alias Jagadish Naik, v. The State of Andhra Pradesh

CRLP/4582/2025 · 2025-05-04

T Mallikarjuna Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE present honourable SRI JUSTICE T.MALLIKARJUNA CRIMINAL PETITION NO: 4582 OF 2()7*i AT AMARAVA o 'Di 0. RAO- Between: Banavath Jagadish alias Jagadish Naik, S/o 28 years, Occ- Agricultural Labourer, Uravakonda town, Anantapuramu Banavath Sunkanna, Aged about R/o ST Colony, Shaiksanipalli Thanda, ...PETITIONER/ACCUSED No.1 AND The State of Andhra Pradesh, Through S.H.O Uravakonda Represented by P P High Court of Andhra Pradesh Police Station Amaravathi. ...RESPONDENT Petition under Section 438 of Cr.P.C and 482 of BNSS, praying that in the oircumstances stated in the Memorandum of Grounds of Criminai Petition, the High Court may be pleased to enlarge the Petitioner/ Accused No. 1 on Anticipatory Baii in the event of his arrest in Crime No. 181 of 2024 dated 06.09.2024 on the file Uravakonda PS, Anantapuramu district offences punishable under Sections 329(3) for 118(1), 118(2) r/w3(5) BNS This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminai Petition and upon hearing the arguments of M/s Ayesha Azma.S, Advocate for the Petitioner and the Pubiic Prosecutor behalf of the Respondent on The Court made the following order: APHC010216832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO CRIMINAL PETITION NO: 4582/2025 Between: Banavath Jagadish Alias Jagadish Naik ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.AYESHAAZMAS Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition, under Sections 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), has been filed by the Petitioner/A1, seeking anticipatory bail in Crime No. 181 of 2024 of Uravakonda Police Station, Anantapuramu District, registered for the offences punishable under Sections 329(3), 118(1), 118(2) r/w.3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) against the petitioner herein and other accused. 1. 2. The prosecution’s case, in brief, is that this matter pertains to an incident of cruelty against a married woman and criminal intimidation related to a demand for additional dowry. The incident is alleged to have occurred on 2 06.09.2024 at approximately 6;30 P.M. stated that the petitioner (A.1) and A.2 at the complainant’s residence. It is both residents of Shekshanipalli Thanda Village, entered the complainant's house and assaulted him with a Stick, causing a bleeding injury to his head. Thereafter, neighbors namely Vamshi, V. Prasad, and others, who witnessed the incident, intervened and rescued the complainant from the accused. They subsequently shifted the Government Hospital in Uravakonda for medical treatment. him to The altercation IS reportedly rooted in a longstanding land dispute between the complainant and the accused. Consequently, the present case has been registered against the petitioner (A.1) and the other accused. 3. Learned counsel for the Petitioner/A. 1 contends that the foisted against the existing civil disputes between both contends that the FIR was lodged in the month of September, 2024 such, a crucial part of the investigation must have completed. 4. The learned Assistant Public Prosecutor opposed the grant of bail to the petitioner/A.1 on the ground that the investigation is still ongoing and that the injury sustained by the defacto complainant is of a grievous nature. Heard both sides. Perused the record. A perusal of the record shows that accusation has been made the petitioner/A.1 that he beat the defacto complainant with a stick on his head and caused bleeding injury. In view of the grievous injury sustained by the defacto complainant, this Court is not inclined to grant bail to the petitioner/A.1. present case is the parties. He further and as 5. 6. against 3 7. Accordingly, the Criminal Petition is dismissed. Miscellaneous applications pending, if any, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// My SECTION OFFICER House Officer, Uravakonda Police Station, Anantapuramu One CC to M/s Ayesha Azma.S, Advocate [OPUC] ^o^CC's to the Public Prosecutor, High Court of Andhra Pradesh. Three CD Copies To, 1. 2. 3. 4. MV RAM HIGH COURT DATED: 05/05/2025 ORDER CRLP.No.4582 of 2025 rO^ I 11 .)ui m Current :>ecnon .5^ Cal dismissing the criminal petition