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2025 DAILYLAW 55806 (AP)

SHAIK AZAMTULLA v. The State of Andhra Pradesh

CRLP/10232/2025 · 2025-10-13

Y Lakshmana Rao

body2025

Judgment text

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APHC010483822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10232/2025 Between: Shaik Azamtulla ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. RAMESH BABU NELATURI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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.4 for granting of pre-arrest bail in connection with Crime No.128 of 2024 of Narasaraopet II Town Police Station, Palnadu District, registered for the alleged offence punishable under Sections 118(1), 119(1), 324(4), 324(5), 329(4) and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’). 2 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. The petitioner has been arrayed as Accused No.4 in the complaint lodged by the defacto complainant, alleging that he assaulted the defacto complainant with a beer bottle and caused injuries. The learned Assistant Public Prosecutor submits that the defacto complainant sustained only simple injuries. The petitioner’s name is not mentioned in the initial report lodged by the defacto complainant. However, in his statement recorded under Section 161 of the Cr.P.C. (corresponding to Section 180 of ‘the BNSS’), the defacto complainant stated that the petitioner also assaulted him with a beer bottle. There are no similar criminal adverse antecedents reported against the petitioner. He is currently studying in Intermediate. So far, eight witnesses have been examined, all of whom are material witnesses. The wound certificate has already been received. The investigation has been completed, and the charge sheet has also been filed. 4. Considering the facts and circumstances, the gravity and nature of the allegations levelled against the Petitioner, this Court is inclined to grant pre- arrest bail to the Petitioner/ Accused No.4. 5. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of arrest of the Petitioner/Accused No.4, he shall be enlarged on bail subject to he executing a self-bond for a sum of 3 Rs.10,000/- (Rupees Ten Thousand only), with two sureties for the like sum each to the satisfaction of the arresting police officials. ii. The Petitioner/Accused No.4 shall make himself available for investigation as and when required. iii. The Petitioner/Accused No.4 shall not cause any threat, inducement or promise to the prosecution witnesses. iv. The Petitioner/Accused No.4 shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet. v. The Petitioner/Accused No.4 shall not leave the State of Andhra Pradesh limits without the express permission from the Station House Officer concerned. vi. The Petitioner/Accused No.4 shall surrender his passport, if any, to the investigating officer. If he claim that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. ________________________ Dr.Y. LAKSHMANA RAO, J. Date:14.10.2025, S D P 4 HONOURABLE Dr.JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION No. 10232 OF 2025 DATE: 14.10.2025 S D P