[3369 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE .PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4505 OF 2025 Between: 1. .Dasari Bheemalinga, S/o DasariRamanna, aged about 52 Residing at D.No.3/42, B.C. Colony, Amidala Village, Uravakonda Mandal, Ananthapuramu District. years. Petitioner No. 1/Accused No.1 2. Dasari Nagaraju, S/o DasariRamanna. aged about 40 years. Residing at D.No.3/42, B.C. Colony, Amidala Village, Uravakonda Mandal, Ananthapuramu District. Petitioner No.2/Accused No.2 3. K. Harish, S/o KotakindaBheemalinga @ D. Bheemalinga, aged about 22 years. Residing at D.No.3/42, B.C. Colony. Amidala Village Uravakonda Mandal, Ananthapuramu District. Petitioner No.3/Accused No.3 years Residing at D.No.3/42, B.C. Colony, Amidala Village, Uravakonda Mandal Ananthapuramu District. 4. Dasari Dhanalakshmi W/o DasariNagaraju aged about Petitioner No.4/Accused No.4 5. Dasari Varalakshmi, W/o KotakindaBheemalinga, aged about 46 Residing at D.No.3/42, B.C. Colony, Amidala Village Mandal, Ananthapuramu District. years. Uravakonda Petitioner No.5/Accused No.5 AND r r' The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravathi Through S.H.O., Uravakonda U.P.S. Anantapuram District. Respondent/Complainant Petition under Sections 482 of BNSS (old 438 of Cr.P.C), praying that in the circumstances stated in the affidavit filed in support of the Criminal the High Court may be pleased to grant Anticipatory Bail to the Petition petitioners herein / Accused No. 1,2,3,4,5 and direct the respondent to release them on bail for his apprehension in connection with Crime No: 167 of 2024 the file of Uravakonda Police Station, Anantapuramu District. on The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri MEDAPATl SANTOSH REDDY, Advocate for the Petitioners and of PUBLIC PROSECUTOR for the Respondent The Court made the following ORDER: The Criminal Petition, under Sections 482 of Bharatiya Nagarik BNSS’), has been filed by the Petitioners/A. 1 to A.5, seeking anticipatory bail in Crime No. 167 of 2024 of Uravakonda Police Station, Anantapuramu District, registered for the offences punishable under Sections 118(1) r/w.3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) against the petitioners/A. 1 to A.5. 1. Suraksha Sanhita, 2023 (for short The prosecution's case, in brief, is that the incident pertains to an offence of voluntarily causing hurt, which occurred on 11.08.2024 at approximately 12:30 P.M. near the Gram Sachivalayam Office in Amidyala Village. It is alleged that the petitioners/A. 1 to A.5, assaulted the de facto 2. complainant using sticks and stones, resulting in bleeding injuries. Upon hearing their cries for help,'one Sreedhar, who happened to be nearby, ^ intervened to rescue the injured complainant. However, the accused allegedly ^ assaulted Sreedhar as well, striking him with a stone and inflicting a bleeding injury to his head. Subsequently, other villagers arrived at the scene, rescued the injured individuals from the accused, and shifted them to the Government Hospital in Uravakonda for medical treatment. The alleged incident is stated to have arisen from prior animosity between the parties. As a result, the present crime has been registered against the petitioners. 3. Learned counsel for the Petitioners/A. 1 to A.5, contends that all the petitioners are members of the same family and omnibus allegations have been made against the petitioners and he requested to enlarge them on bail. Additionally, learned counsel submits that initially, a notice under Section 41-A of the Cr.P.C. was issued to all the petitioners. However, after the receipt of the Wound Certificate, the offence has been subsequently reclassified and registered under Section 118(2) of the BNS Act. 4. The learned Assistant Public Prosecutor opposed the grant of bail to the petitioners/A.1 to A.5 on the ground that the investigation is not completed. Heard both sides. Perused the record. 5. 6. Upon reviewing the material on record, it is evident from the Wound Certificate that the injured/defacto complainant has sustained grievous injuries. In light of this, and considering that the Petitioners/A.4 and A.5 women with no criminal antecedents, as confirmed by the learned Assistant Public Prosecutor, this Court is of the view that granting pre-arrest bail to the Petitioners/A.4 and A.5 would not pose any risk of them tampering with the evidence. The record further indicates that the Petitioners/A.4 and A.5 permanent residence at Amidala Village, Ananthapuram District. The Prosecution has not suggested that Petitioners/A.4 and A.5 are likely to flee from the jurisdiction of the Court. Thus, granting anticipatory bail to the are are 3 Petitioners/A.4 and A.5 will not hinder the ongoing investigation. This Court is inclined to grant anticipatory bail to Petitioners/A.4 and A.5, taking into consideration the possibility of their involvement being in the context of a familial grouping. However, this Court is not inclined to extend such relief to Petitioners/A. 1 to A.3 due to the serious nature of the allegations leveled against them. Upon careful review of the available material, as there is no risk of interference with the ongoing investigation by the Petitioners/A.4 and A.5, this Court finds that anticipatory bail can be granted to the Petitioners/A.4 and A.5 under certain conditions: 7. (i) The petitioners/A.4 and A.5 are directed to surrender before the Station House Officer concerned within two (2) weeks from today, (ii) On such surrender, the petitioners/A.4 and A.5 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. With the above directions. Petition is allowed insofar as Petitioners/A.4 and A.5 are concerned. However, the Petition is dismissed with regard to Petitioners/A.1 to A.3. Accordingly, the Criminal Petition is partly allowed. Miscellaneous applications pending, if any, shall stand closed. 8. Sd/.P.U.V rHASKAR RAO assistant r //TRUE COPY// section officer Fo 1. The Judge, Family Court-Cum-VII Additional District and Sessions Court, Ananthapuramu 2. The Station House Officer, Uravakonda Police Station, Anantapuramu District 3. One CC to SRI. MEDAPATI SANTOSH REDDY Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of AP [OUT] 5. One spare copy KJ HIGH COURT f f ■ j ■ \ > 5 :TIVIR,J ; < P DATED:05/05/2025 BAIL ORDER CRLP.No.4505 of 2025 • MW ® p ALLOWED O TV o 16