lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA J, ft, TUESDAY, THE EIGHTEENTH DAY OF FEBR TWO THOUSAivD AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE K SREENIVASA RED - ---. CRIMINAL PETITION NO: 1415 OF 2025 i-=' :€f:I Betwee n : 1. Dara PawI @ Dara Chinna, S/o Dara Apparao, R/o 3-16-17C, Rajya ~ Laxmi Nagar, Godari Gunta, Kakinada, Kakinada District, Andhra Pradesh-533003. Accused-1 2. Dara Pavan Kumar, S/o Dara Chinna, aged 30 years, R/o 3-16-17C, 'J Rajya Laxmi Nagar, Godari Gunta, Kakinada, Kakinada District, Andhra Pradesh-533003. Accused-2 3. Donam Prasadarao, S/o Donam Atcharao, R/o 5-127, SC Peta, J Gollaprolu Mandal, Chendurfhi, Kakinada District, Andhra Pradesh- 533449. Accused-3 4. Donam Acharao a Donam Azar Kumar, S/o Donam Prasadarao, aged (/ 33 years, R/o 5-127, SC Pera, Gollaprolu Mandal, Chendurfi, Kakinada Distrl'ct, Andhra Pradesh-533449. Accused4 5./Jagadeesh @ Palivela Gurrayya, S/o Nagesh, aged 46 years, R/o 1- 211, SC Peta, Gajjanpudi, Prathipadu Mandal, Sarabhavaram, East Godavari District, Andhra Pradesh-533430. AccusedI5 ...Petitioner/Accused 1-5 -------_ -i-I----_ -T= ---i-*as+y-*i=- AND The State of Andhra Pradesh, Rep, by its Public Prosecutor High Court of AP at Amaravathi Through Station House Officer, Gollaprole Police Station, Kakinada District, Andhra Pradesh. ...Respondent Petition under Section 482 of BNSS/ Under Section 438 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in support of the Cr-lminal Petition, the High Court may be pleased to direct the SHO of Gollaprole Police Station to release the petitioners on bail in the event of their arrest in Crime No. 37/2024, dated 23/01/2024 at Gollaprole Police Station, Kakinada under Sections 341, 325, 506 r/w 34 of lPC against the petitioner in the interest of justice. The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of M/s NALLANAGULA LALITHA SREE, Advocate for the Petitioners, and of PUBLIC PROSECUTOR, for the Respondent; BEEii The Court made the following ORDER: This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the, petitioners herein/Al to A5, seeking anticipatory bail, in connection with Crime No.37 of 2024 of Gollaprolu Police Station, Kakinada district. \``= , -`_a Eil ( Q,-,=/-i.a----~ xp_ --.pa- i\ \\ f/ 2. A case has been registered against the petitioners herein for the offences punishable under sections 341, 325 and 506 read with 34 IPC. Subsequently, during the course of investigation, police have altered the section of law from 325 lPC to one under section 326 lPC. 3. Case of the prosecution, in brl'ef, I-S that, there are dl-sputes between the de raofo complainant and his brothers with regard to thel-r ancestral property of Ac.0.15 cents of vacant land in Chendurthi, village, and A1, who I'S the elder brother of the de racfo complaI'nant, used tO dispute With him and his brother claiming the entire property wl®thout givl'ng share to them. In connectl'on with that, criminal cases were also regI'Stered against both the partl'es in GollapI'Olu Police Station vide Crime Nos.209 and 203 of 2019 for the offence punishable under section 324 IPC. While so, on 22.01.2024, at about 03.30 PM, whl'Ie the de racfo complajnant was proceeding towards Chendurthi village on his motor cycle, Al restrained him by placing his motor cycle across the<mOtOr Cycle of the c/e facfo complainant and pushed hl®m from his motor cycle. Later, A2 to A5 attacked the de facfo COmPIainant wI'th I-ron rod and two knives and beat him on his hands with iron rod and hacked him on his head with knife. \- .~g f3 i+-,aFS-S c---airh_=J) + 4. Heard. Perused the record. I 5. A perusal of the material-on record goes to showthatthere is a dispute between the petitioners herein and the de facfo complainarfu's party in connection with their ancestraI land. The -._`\+L; alleged incident is said to have taken place on 22,01.2024, whereas the report was given on 23.01.2024. The accusation against the petitioners herein is that they are alleged to have attacked the de facfo complainant with an iron rod and two knives, resulting `in he received grievous injury. Though the incident is said to have taken place on 22.01.2024 and the de I facfo comp!ainant is alleged to have received grievous injury, it is not known as to why the section of law was not altered to one under Section 326 lPC till the month of December 2024. It is also surprising to note that though the incident is said to have taken place about a year back, police have not taken any steps to arrest the petitioners herein. Originally, the offences alleged are all punishable ®with imprisonment up to seven (7) years, but subsequently, the section of law was altered to one under Section `L {\ \`~+ 326 lPC stating that injuries received by the c,e racfo complainant I are grievous in nature. 6. In view of the aforesaid facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the Petitioners/Al to A5 on the following conditions. i) In the event of arrest of the petitioners/Al to A5 in the --.r+-`-< c._-_ above crime, they shall be enlarged on bail 6n their executing personal bonds for a sum of Rs.10,000/-(Rupees T:^n Thousand only) each with two sureties of the like sum each to the satisfaction of the concerned Arresting Officer. li) Petitl'oners shall make themselves available for investigatl'on as and when required and that they shall not cause any threat, inducement or promise to the prosecution witnesses. iii) Petitioners shall appear before the station House Officer concerned once in a week i.e. on every saturday between 10.00 AM and 01.00 PM till filing of the charge sheet. 7. Accordingly, the Crl'minaI Petition is allowed. As a sequel thereto, the miscellaneous petitions, if any, Pending in this Criminal Petition shall stand closed. S 9l_-.£= vE i-iniir:'-BkeE~u=B` _ _ --.--- ` ---=TiT=~~,Jfe. A---__ ASSls CTt--tj REGISTRAR //TRUE COPY// GFFECEFe ForASSISIANI rill-I--- -fl_ I/ •, # HIGH COURT SRK,J DATED : 18/02/2025 ANTICIPATORY BAIL ORDER CRLP.No.1415 of 2025 ALLOWED