IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA-U^^^d. FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE .PRESENT: THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO W CRIMINAL PETITION NO: 4237 OF 2025 Between: Barm Prem Swaroop @ Bobby, S/o. Ramana Rao, aged about 29 years, R/o. D.No.9-44-5, Near Bhasyam School, Ravi Nagar, Naidu Thota, Pendurthi, Visakhapatnam District, A.P. Petitioner/Accused AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. Respondent Petition under Section 437 & 439 of Cr.P.C/480 & 483 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the CriminalPetition, the High Court may be pleased to enlarge the Petitioner/Accused on bail pending disposal of Crime No.52/2025 of Pendurthi P.S., Visakhapatnam District The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri. GOLLAPALLI MAHESWARA RAO, Advocate for the Petitioner and of PUBLIC PROSECUTOR, for the Respondent; The Court made the following: APHC010201542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 4237/2025 Between: Barru Prem Swaroop @ Bobby ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition under Sections 480 and 483 of B.N.S.S., has been filed by the petitioner/accused, seeking regular bail in Cr.No.52/2025 of Pendurthy Police Station, Visakhapatnam Commissionerate. 2. The above said crime was registered against the petitioner/accus ed for the offence punishable u/Secs.109(1), 351(2) of B.N.S. Case of the prosecution, in brief, is that, on 26.01.2025 the defacto 3. complainant gave a complaint to the police stating that on 25.01.2025 2 himself and his friend Vijay Kumar went to another friend’s house and on the same day at about 7.00 pm, the accused came to the house and knocked the door. Then his friend opened the door, then all of a sudden accused hit on the face of the complainant. Further, the accused attempted to murder the complainant by cutting his neck, right hand with a blade with an intention to kill him, due to previous enemity that the accused was sent to jail in ganja case by the complainant and his friends. The accused criminally intimidated the complainant and his friends with dire consequences to kill them. Hence the complaint. During the of investigation, the accused was arrested on 26.01.2025 and got remanded to judicial custody. Learned counsel for the petitioner contended that the petitioner is in judicial custody from 26.01.2025 and most of the investigation is completed and after expiry of statutory period, police have not filed charge sheet, as such the petitioner is entitled for statutory bail. On the other hand, learned Assistant Public Prosecutor also confirms non-filing of charge sheet by the police even after statutory period is completed, but opposed to grant bail. Heard both sides. course 4. 5. 6. The petitioner has been in judicial custody since 26.01.2025, this Court views that most of the investigation concerning the petitioner role in the commission of the alleged offence has likely been concluded. It has 7. 3 been submitted that the petitioner is permanent resident of Pendurthi, Visakhapatnam district and there is no credible apprehension of his fleeing away from justice. Additionally, since most of the witnesses are official, the release of the petitioner would not impede the investigation tamper with the evidence and also after completion of statutory period, police have not filed charge sheet. In view of the same, this Court is inclined to grant bail to the petitioner. or In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant bail to the petitioner/accused with the following conditions. 8. (i) The petitioner/accused herein shall be released on his executing a personal bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned District and Sessions Judge, Visakhapatnam; (ii) On release, the petitioner shall appear before the Station House Officer concerned on every Sunday between 10.00 am and 1.00 pm for a period of three (03) months, (iii) the petitioner shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation. Accordingly, the Criminal Petition is allowed. 9. Sdf- G. HEl.A NAIDU TAHT //TRUE COPY// ASSSS SECTSOW OFFICE:R To, 1. The District & Sessions Judge, Visakhapatnam. 2. The Superintendent, Central Jail, Visakhapatnam. 3. The Station House Officer, Pendurthi Police Station, Visakhapatnam District. 4. One CC to Sri. GOLLAPALLI MAHESWARA RAO, Advocate [OPUC] 5. Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT] 6. One spare copy JSS V' HIGH COURT TMR, J DATED:02/05/2025 BAIL ORDER CRLP.No.4237 of 2025 ^ MM« ALLOWED o m 03 Co % ★ ★S^SPATC#