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2025 DAILYLAW 54559 (AP)

Shaik Nizam alias Nizamuddin v. THE STATE OF ANDHRA PRADESH

CRLP/8179/2025 · 2025-11-17

Y Lakshmana Rao

body2025

Judgment text

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APHC010400982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8179/2025 Between: SHAIK NIZAM ALIAS NIZAMUDDIN, S/O SHAIK FAKRUDDIN, AGED 26 YEARS, OCC PRIVATE JOB, DOKIPARRU VILLAGE, MEDIKONDURU MANDAL, GUNTUR DISTRICT PIN 521332. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: S SATYANARAYANA MOORTHY Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.8179 of 2025 Dated 18.11.2025 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.39 of 2023 in Medikonduru Police Station, Guntur District, registered for the alleged offence punishable under Sections 323, 326, 341 and 506 read with 34 of Indian Penal Code, 1860 (for brevity ‘the IPC”). 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. Mr.S.S.N.Moorthy, the learned counsel for the petitioner submits that the petitioner has not committed any offence and he was falsely implicated in this case. The alleged offence took place on 18.02.2023, and more than two years have elapsed. No arrest has been effected against the petitioner. He is the sole breadwinner of the family. He further submits that the petitioner would abide by any conditions if enlarged on bail and urged to allow the petition. 4. Per contra, Ms. Akhila Naidu, the learned Assistant Public Prosecutor, submits that the accusation, prima facie, is well founded against the petitioner. There are specific overt acts attributed to the petitioner/Accused No.1, and it is urged to dismiss the petition. 3 Dr.YLR,J Crl.P.No.8179 of 2025 Dated 18.11.2025 5. As seen from the record, the allegation against the petitioner/Accused No.1 and the other accused, as per the F.I.R. lodged by the de-facto complainant, is that the petitioner/Accused No.1 and others attacked the de-facto complainant and another person with an iron rod and other deadly weapons, causing severe injuries, including a grievous injury. The other accused have already been arrested, except the petitioner. 6. Considering the facts and circumstances of the case and in view of the specific overt acts attributed to the petitioner/Accused No.1, this Court is not inclined to grant pre-arrest bail to the petitioner/Accused No.1. Hence, the Criminal Petition is liable to be dismissed. 7. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. ________________________ Dr.Y. LAKSHMANA RAO, J. Date:18.11.2025 RSI/PRA 4 Dr.YLR,J Crl.P.No.8179 of 2025 Dated 18.11.2025 30 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8179 of 2025 Date: 18.11.2025 RSI/PRA