IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA: FRIDAY ,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSANDAND TWENTYFIVE iPRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12084 OF 2025 Between: 1. Shaik Chan Basha @ Chilakala Chan Basha, aged about 36 years, S/o. Imam Basha Bijili Basha, Granite Worker, Resident of Indira Nagar, C.K.Dinne Mandal, YSR Kadapa District. 2. Yerrapalli Abdul, S/o. Moulali,Aged about 41 years. Driver, Resident of Door No.93-139-644, Indira Nagar, C.K.Dinne Mandal, YSR Kadapa District. 3. Shaik Zakira Hussain, S/o. Haji, Aged about 27 years. Coolie at Honey Bakery, Resident of Indira Nagar, C.K.Dinne Mandal, YSR Kadapa District. 4. Shaik Khadar Hussain @ Valli, S/o. Haji, Aged about 30 years. Driver, Resident of Indira Nagar, CK Dinne Mandal YSR Kadapa District Petitioner/Accused No’s 1 to 4 AND The State of Andhra Pradesh, Represented by its Public Prosecutor; Through C.K. Dinne P.S, High Court of A.P. Respondent/Complainant Petition under Section 437 & 7439 of Cr.P.C / Under Section 480 & 483 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to enlarge the petitioners on bail in connection with Crime. No. 236 of 2025 of Chintakomma Dinne Police Station, Kadapa, Y.S.R Kadapa District. The petition/Appeal coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri T DIWAKAR REDDY Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. APHC010626782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12084/2025 Between: 1.SHAIK CHAN BASHA ALIAS CHILAKALA CHAN BASHA, AGED IMAM BASHA ALIAS BIJILI RESIDENT ABOUT 36 YEARS, S/0. BASHA,GRANITE NAGAR,C.K.DINNE MANDAL, YSR KADAPA DISTRICT. WORKER, OF INDIRA 2.YERRAPALLI ABDUL, S/O. MOULALI,AGED ABOUT 41 YEARS. DRIVER,RESIDENT OF DOOR N0.93-139-644,INDIRA NAGAR, C.K.DINNE MANDAL, YSR KADAPA DISTRICT. 3.SHAIK ZAKIRA HUSSAIN, S/O. HAJI,AGED ABOUT 27 YEARS. COOLIE AT HONEY BAKERY RESIDENT OF INDIRA NAGAR, C.K.DINNE MANDAL YSR KADAPA DISTRICT. 4.SHAIK KHADAR HUSSAIN ALIAS VALLI, S/O. HAJI,AGED ABOUT 30 YEARS, DRIVER,RESIDENT OF INDIRA NAGAR, CK DINNE MANDAL YSR KADAPA DISTRICT ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor,Through C.K. Dinne P.S,High Court of A.P. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): T DIWAKAR REDDY r 2 Dr. YLR, J Crl.P.No.l2084 of2025 Dated 28.11.2025 Counsel for the Respondent/complainant: PUBLIC PROSECUTOR The Court made the following; ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 to 4 on bail in Cr.No.236 of 2025 of C.K.Dinne Police Station, Y.S.R.Kadapa District for the offences under Sections 109, 118 (1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. The learned counsel for the petitioners submits that petitioners are innocent, they have not committed any offence and have been falsely implicated in this case. They have got fixed abode and would abide by any conditions if they are enlarged on bail. It is therefore urged to enlarge the petitioners on bail. 3. The learned Assistant Public Prosecutor submits that the so far g witnesses are examined. There are 6 direct eye witnesses who have seen the occurrence of the offence. Investigation is at a progressive stage and it is urged to dismiss the petition. 3 Dr. YLR, J Crl.P. No. 12084 of 2025 Dated 28.11.2025 4. As seen from the report lodged by the de-facto complainant by name Hemanth, on 20.10.2025 at 06.00 PM, he asked the accused No.1 as to why he was quarrelling with Jagadeesh and suggested him to compromise the matter, but accused No.1 abused complainant in filthy language and quarreled with him as to why he was interfering in their affairs. Accused No.1 threatened complainant with dire consequences and tried to attack him, but he fled away from that place. Later, on 21.10.2025 in the morning, when complainant was doing his work in his shop at about 10.20 AM, Accused Nos.1 to 5 came to him and questioned him as to why he was supporting complainant, and Accused Nos.1 and 2 stabbed him with a knife. When he tried to defend himself, he sustained bleeding injuries to his right hand and also left leg. Later, Accused Nos.3 and 4 beat Hemanth with sickles. As a result, he suffered injuries to his shoulder, right ear, right leg, left leg, and also left hand. Accused No.5 also beat Hemanth with an iron rod. So far, 7 witnesses are examined. They are eye witnesses to the occurrence of the offence. The petitioners were arrested on 23.10.2025. They have been in judicial custody for the past 36 days. The allegations against Petitioner Nos.1 & 2/Accused Nos.1 & 2 5. are severe in nature. They attacked Hemanth with a knife with an 4 Dr. YLR, J CriP.No.12084 of 2025 Dated 28.11.2025 intention to do away with his life. Fourteen adverse criminal antecedents have been reported against Accused No. 1. He is a rowdy- sheeter, with a rowdy sheet bearing No.92 of CK Dinne Police Station. Considering the gravity and nature of the allegations leveled against Petitioner Nos.1 & 2/Accused Nos.1 & 2, and pendency of investigation, this Court is not inclined to enlarge them on bail at this point of time. Accordingly, the petition against Petitioner Nos.1 & 2/Accused Nos.1 & 2 is dismissed. 6. 7. Considering the gravity and nature of the allegations leveled against Petitioner Nos.3 & 4/Accused Nos.3 & 4, this Court is inclined to allow the petition. Accordingly, the petition against Petitioner Nos.3 & 4/Accused Nos.3 & 4 is allowed. In the result, the Criminal Petition is partly allowed with the following conditions: 8. The Petitioner Nos.3 & 4/Accused Nos.3 & 4 shall I. be enlarged on bail subject to them executing a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties for the like sum each to the satisfaction of the learned Special Judicial '••X 5 Dr. YLR, J Grip.No.12084 of 2025 Dated 28.11.2025 Magistrate of First Class of Prohibition and Excise Offences, Kadapa. The Petitioner Nos.3 & 4/Accused Nos.3 & 4 shall II. appear before the Station House Officer concerned on every Saturday in between 10:00 am and 05:00 pm, till filing of the charge sheet. \ The Petitioner Nos.3 & 4/Accused Nos.3 & 4 shall III. not leave the limits of the Andhra Pradesh without / / prior permission from the Station House Officer concerned. The Petitioner Nos.3 & 4/Accused Nos.3 & 4 shall IV. not commit or indulge in commission of any offence in future. The Petitioner Nos.3 & 4/Accused Nos.3 & 4 shall V. cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. The Petitioner Nos.3 & 4/Accused Nos.3 & 4 shall VI. not, directly or indirectly, make any inducement. , 6 Dr. YLR, J CrI.P. No. 12084 of2025 Dated 28.11.2025 threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. I SD/- M.SRINIVAS ASSISTAN1:,R0 SECTI TRAR / OFFICER //TRUE COPY// For To, 1. The Special Judicial Magistrates of 1®* Class for Phoh. & Excise Offences, Kadapa. 2. The VI Additional District and Sessions Judges, Kadapa. 3. The Superintendent, Central Prison, Kadapa, Y.S.R. Kadapa District. 4. The Station House Officer, C.K. Dinne P.S, Y.S.R. Kadapa District. 5. OneCCto SRI. T DIWAKAR REDDY Advocate [OPUC] 6. Two CCs to Public Prosecutor, High Court of A.P., Amaravati [OUT]. 7. One spare copy HIGH COURT DR.YLR,J DATED:28/11/2025 BAIL ORDER CRLP.No.12084 of 2025 ALLOWED