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High Court of Andhra Pradesh · body

2025 DAILYLAW 55922 (AP)

SHAIK MUNAF v. THE STATE OF ANDHRA PRADESH

CRLP/3900/2025 · 2025-04-30

K Sreenivasa Reddy

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 3900 OF 2025 Between: Shaik Munaf, S/o. Ahmad Hussain, Aged about 30 years, R/o. D.No. 10/518, DCSR Colony, Proddatur Town, Kadapa District. ...Petitioner/Accused No.5 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, At High Court of A.P., Amaravathi, Through S.H.O. of Proddatur II Town U/G Police Station Proddatur, YSR Kadapa District. ...Respondent Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner herein/Accused No. 5 on Anticipatory bail in the event of his arrest in Crime No. 30 of 2025 dated 12-02-2025 on the file of Proddatur II town U/G Police Station, Proddatur, YSR Kadapa District for the offences registered under Sections 118(1), 109(1), 115(2) r/w 3 (5) of BNS. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri / / V. Nitesh, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following: / HON’BLE SRI JUSTICE K. SREENIVASA REDDY Griminar Petition No.3900 of 2025 Order: This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/A5, seeking anticipatory bail, in connection with Crime No.30 of 2025 of Proddatur II Town U/G Police Station, YSR Kadapa district. A case has been registered against the petitioner herein and others for the offences punishable under Sections 118(1), 2. 109(1), 115(2) read vyith 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) Learned Additional Public Prosecutor submitted that during 'j 3. the course of investigation the offence under Section 118(2) of the BNS is also added to the aforesaid offences. Case of the prosecution, in brief, is that on 12.02.2025, at about 01.00 pm. near Putta, DCSR Colony, Proddatur town, A1 to A5 attacked the de facto complainant and three others with an iron pipe and sticks and inflicted severe bleeding injuries on them. Further, A6 and A7 beat Hajeera Bee and Thabrej, who are elder sister-in-law and son of elder brother of the complainant with 4. 2 hands and legs, while they Hospital, Proddatur in order to 5. Learned counsel for the petitioner rivalry between A1 and the de were proceeding towards Government see the injured complainant, submits that as there is complainant, entire family According to him, the place at the instance of A1 herein/A5 is alleged to have has been implicated in the present crime alleged incident is said to have taken to A4 and thereafter the petitioner gone there and beat the injured with the said accusation, there i ' a stick on his head. Except IS no other material to connect the petitioner herein to the aiieged orime. Even aooording to the FiR, the petitioner herein is alleged ot h^e ^ade one'blow on the injured. He further submitted that on surrender A1 to A4 released on bail by the trial Court. were 6- Learned Additional Public facto complainant Prosecutor submitted that the de and three others received grievous injuries i So far as in the hands of the the petitioner herein/A5 i attributed accused and they were hospitalized. IS concerned, specific overt act has been IS aiieged to have beat the injured hence he is not entitied for pgainst him that he i with a stick on his head anticipatory bail. 7. Heard, perused the record. 3 \ Case of the prosecution is that by the time the petitioner herein/A5 gone to the scene of offence, A1 to A4 beat the injured. 8. Thereafter, the petitioner/A5 is alleged to have beat the injured with a stick on his head. Since specific overt act has been attributed against the petitioner herein/A5 that he beat the injured with a stick on his head, this Court is not inclined to grant anticipatory bail to him. However, since the co-accused were already released on 9. bail and major portion of investigation has been completed, the ■>- petitioner herein/A5 is directed to surrender before the jurisdictional Court and file appropriate application for grant of regular bail and, on filing such application, the jurisdictional Court is directed to consider and dispose of the same on the same day. ■* in accordance with law. With the above direction, the Criminal Petition is disposed 10. of. UU As a sequel thereto, the miscellaneous petitions, if any. 11. pending in this Criminal Petition, shall stand closed. Sd/-A VIJAVA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, of Proddatur II Town U/G Police Station Proddatur, YSR Kadapa District. 2. One CC to Sri. V. Nitesh, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies PR \ HIGH COURT DATED:01/05/2025 ORDER CRLP.No.3900 of 2025 DISPOSING THE CRLP