APHC010540452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10665/2025 Between: 1. BURLE NAGARAJU, S/O. LATE SURI, AGED ABOUT 45 YEARS, MALE, R/O. SIRLAPALEM VILLAGE, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT, DRIVER OF TATA DCM LORRY BEARING NO.AP35X8768. 2. KORADA CHINAPPADU, S/O. RAMAKRISHNA, AGED ABOUT 33 YEARS, MALE, R/O. SIRLAPALEM VILLAGE, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT, DRIVER OF LORRY BEARING NO.TS12UE0724. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.10665 of 2025 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 & 2 on bail in Crime No.78 of 2025 of Santhakviti Police Station, Vizianagaram District, was registered against the Petitioners/Accused Nos.1 & 2 herein for the offences punishable under Sections 115(2) r/w 3(5) of ‘the BNSS’. 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. The allegation against the petitioners/Accused Nos.1 & 2 is that on 14.08.2025 at about 11:00 PM/12 Noon, the petitioners and other accused entered into Laxminarayana Rice Mill , Ponugutivalasa Revenue Boundary, Santhakaviti Mandal to take away husk. They prepared food and consumed liquor in the Mill premises. The deceased being a watchman during night time of the Mill objected the acts of the petitioners, the accused assaulted him with stick, fists and kicks and caused bleeding injuries. The deceased was shifted to hospital by his grandson on 15.08.2025. The deceased underwent treatment and surgery to his thigh. After discharged from hospital, the condition of the deceased is deteriorated and he succumbed injuries on 06.09.2025 i.e., nearly after 19 days of the registration of FIR originally Section 115(2) r/w 3(5) of ‘the BNSS’ was mentioned in FIR, later Sections of 3 Dr. YLR, J Crl.P.No.10665 of 2025 Law were altered to Section 105, 117(2) of ‘the BNSS’. The petitioners were arrested on 08.09.2025. They have been in judicial custody for the past 27 days. So far, eight witnesses were examined, wound certificate and also the post mortem certificate was issued. The petitioners/Accused Nos.1 & 2 are the permanent residents of Visakhapatnam District. They have got fixed abode. If the petitioners/Accused Nos.1& 2 were enlarged on bail, they may not evade the process of law. 5. Considering the facts and circumstances of the case, the nature and gravity of allegations levelled against the Petitioners/Accused Nos.1 & 2, this Court is inclined to enlarge the Petitioners/Accused Nos.1 & 2 on bail. 5. In the result, the Criminal Petition is allowed with the following stringent conditions: i. The Petitioners/Accused Nos.1 & 2 shall be enlarged on bail subject to he executing a personal 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 learned IV Additional District Judge-Cum-SC/ST Court, Srikakulam District. ii. The Petitioners/Accused Nos.1 & 2 shall 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. 4 Dr. YLR, J Crl.P.No.10665 of 2025 iii. The Petitioners/Accused Nos.1 & 2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioners/Accused Nos.1 & 2 shall not commit or indulge in commission of any offence in future. v. The Petitioners/Accused Nos.1 & 2 shall not, directly or indirectly, make any inducement, 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. vi. The Petitioners/Accused Nos.1 & 2 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation by the investigating officer as and when required. _________________________ DR. Y. LAKSHMANA RAO, J Date: 27.10.2025 MSI 5 Dr. YLR, J Crl.P.No.10665 of 2025 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 10665/2025 Date: 27.10.2025 MSI