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2025 DAILYLAW 54348 (AP)

Aggi Divendra v. The State of Andhra Pradesh

CRLP/11867/2025 · 2025-11-30

Y Lakshmana Rao

body2025

Judgment text

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1 Dr.YLR,J Crl.P.Nos.11842 &11867 of 2025 Dated 01.12.2025 APHC010615112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 11842 and 11867 of 2025 1. CRIMINAL PETITION NO: 11842/2025 Between: BOYA VEERA NAIDU, HNO. 3-3, KADIVELLA VILLAGE AND MANDAL, KURNOOL DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: P NARASIMHULU Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2. CRIMINAL PETITION NO: 11867/2025 Between: AGGI DIVENDRA, S/O. LAKSHMANNA, AGED ABOUT 21 YEARS,R/O. D. NO. 5-77,KALUGOTIA VILLAGE, KURNOOL DISTRICT. ...PETITIONER/ACCUSED AND 2 Dr.YLR,J Crl.P.Nos.11842 &11867 of 2025 Dated 01.12.2025 THE STATE OF ANDHRA PRADESH, through Station House Officer,Kodumur Police Station, rep. by Public Prosecutor,High Court at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: P NARASIMHULU Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: There two Criminal Petitions are heard and disposed of by way of this common order as these two Criminal Petitions arise out of same crime but for different Accused. 2. These two Criminal Petitions have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioners/Accused Nos.15 and 21 for granting of pre-arrest bail in connection with Crime No.81 of 2025 of Kodumur Police Station, Kurnool District, registered for the alleged offences punishable under Sections 115(2), 118(1), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 3. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record. 3 Dr.YLR,J Crl.P.Nos.11842 &11867 of 2025 Dated 01.12.2025 4. As seen from the record, the allegations against the Petitioners/Accused Nos. 15 and 21 are that they beat the witnesses and the deceased. The deceased initially got treatment at the Primary Health Centre; he was discharged, and later, on the next day morning, he died due to asthma. There are a total of seven injuries. L.Ws. 2 and 11 suffered simple injuries. The investigation is at a progressive stage. This Court, in Crl.P.No.7038 of 2025 vide order dated 28.07.2025, granted bail to Accused Nos.3 to 8 with certain stringent conditions while dismissing the bail application against Accused Nos.1 and 2. 5. In view of the specific overt acts attributed against the petitioners/Accused Nos.15 and 21, this Court is not inclined to grant pre-arrest bail to the petitioners/Accused Nos.15 and 21, as it would amount to giving a shield, or protection or license to the petitioners who had allegedly caused severe injuries to the victims, as per the judgments of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab1 and Sushila Aggarwal v. State of (NCT of Delhi)2. 6. Considering the facts and circumstances of the case, there are no merits to grant pre-arrest bail to the petitioners/Accused Nos.15 and 21. Hence, these two Criminal Petitions are liable to be dismissed. 1(1980) 2 SCC 565 2(2020) 5 SCC 1 4 Dr.YLR,J Crl.P.Nos.11842 &11867 of 2025 Dated 01.12.2025 7. In the result, these two Criminal Petitions are dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 01.12.2025 RSI 5 Dr.YLR,J Crl.P.Nos.11842 &11867 of 2025 Dated 01.12.2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION Nos:11842 & 11867 of 2025 01.12.2025 RSI