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2025 DAILYLAW 57008 (AP)

P L N Pavan Kumar v. The State of Andhra Pradesh

CRLP/11846/2025 · 2025-11-23

Y Lakshmana Rao

body2025

Judgment text

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APHC010614622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11846/2025 Between: P L N Pavan Kumar ...PETITIONER/ACCUSED AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: P. Subash Counsel for the Respondent/complainant: Public Prosecutor The Court made the following: ORDER: Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 20231 by the Petitioner/Accused No.2 for granting of pre-arrest bail in connection with Crime No.199 of 2025 of Tenali I Town Police Station, Guntur District, registered for the alleged offences punishable under Sections 318(4), 336(3), 340(2) and 338 of the Bharatiya Nyaya Sanhita, 20232. 1 the BNSS 2 the BNS 2 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. As seen from the record, the Petitioner is arrayed as Accused No.2 in this case. As per the statement of L.W.7, a false family member certificate, purported to have been issued by L.W.1, was allegedly prepared by Accused No.2 and handed over to Accused No.1 for an illegal gratification of Rs.1,000/- . The learned counsel for the Petitioner submits that the staff of his establishment, Kowsik Communications, prepared the certificate in his absence and gave it to Accused No.1. Except for the co-accused confession, there is no other material available fastening liability on the Petitioner. The Petitioner is the proprietor of Kowsik Communications. 4. The learned counsel for the Petitioner further submits that the Petitioner has been suffering from carcinoma of the kidney Stage 4. He is undergoing chemotherapy treatment regularly at Basavatarakam Indo-American Cancer Hospital and Research Institute. The certificate dated 28.10.2025 was issued by Basavatarakam Indo-American Cancer Hospital and Research Institute. 5. Considering the health condition of the petitioner, this Court is inclined to grant pre-arrest bail to the Petitioner/Accused No.2. 6. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of arrest of the Petitioner/Accused No.2 he shall be enlarged on bail subject to his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties for the like sum each to the satisfaction of the arresting police officials; 3 ii. The Petitioner/Accused No.2 shall make himself available for investigation as and when required; iii. The Petitioner/Accused No.2 shall not cause any threat, inducement or promise to the prosecution witnesses; iv. The Petitioner/Accused No.2 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.2 shall not leave the State of Andhra Pradesh limits without the express permission from the Station House Officer concerned. vi. The Petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that they do not have a passport, he shall submit affidavits to that effect to the Investigating Officer. _________________________ DR. Y. LAKSHMANA RAO, J Date: 24.11.2025. KMS 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11846 OF 2025 24.11.2025 KMS