Extracted from the PDF above. The PDF is authoritative.
APHC010102602025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2148/2025 Between:
1. SHAIK ASIF @ MEERA, S/O YOUSUF, AGED ABOUT 26 YEARS PRAKASH NAGAR, GUNTUR DISTRICT. ...PETITIONER/ACCUSED AND
1. THE STATE OF A P, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., AMARAVATHI
2. THE STATION HOUSE OFFICER S H O, TADEPALLI POLICE STATION, MANGALAGIRI, GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT(S):
Counsel for the Petitioner/accused:
1. KOLUSU SOUNDARYA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR The Court made the following:
ORDER :
The instant petition under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused seeking to release him on bail in connection with Crime No.32 of 2025 on the file of Tadepalli Police Station, Guntur District for the offence under Section 109(1) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. Case of the prosecution, in brief, is that, in view of the disputes between the Accused and the De facto Complainant, on 12.12.2024 at
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about 13.30 hours, the De facto Complainant and his cousin consumed alcohol at the house of the Accused and at that time, while the Accused was beating his son, the De facto Complainant intervened, due to which the Accused picked up a quarrel with the De facto Complainant, warned that he will die in his hands, picked up a knife and stabbed on the left side of his stomach, as a result, his intestines came out. Accused also tried to stab on his throat. When the De facto Complainant put his hands across the blow of the Accused, he sustained bleeding injuries and fell unconscious. 3. None represented for the Petitioner when the matter is called in the morning and also at 2.15 p.m, having filed this petition seeking bail. Since it is a petition for regular bail of a person, who is in judicial custody since 21.01.2015, this Court is inclined to hear the Prosecution and pass orders. 4. Heard Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. Learned Assistant Public Prosecutor would submit that the investigation is not completed and is at a crucial stage.
If the Petitioner is released on bail, there is every possibility to attack the De facto Complainant again and there is every likelihood to intervene in the investigation and influence the witnesses. Learned Assistant Public Prosecutor vehemently opposed to grant bail to the Petitioner and seeks for dismissal of the petition. 5. Considering the submissions made, record shows that the Petitioner has been in judicial custody since 21.01.2025. As rightly put by learned Assistant Public Prosecutor, the investigation is at the crucial stage. As can be seen from the record, it is alleged that the Petitioner stabbed the De facto
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Complainant in the stomach due to which, his intestines came out and the Petitioner also tried to stab on his throat. While defending from the blow of the Petitioner, the De facto Complainant sustained another injury on his hand. 6. In the light of the nature, gravity of the offence and the stage of the investigation, it appears that there is every likelihood of the Petitioner intervening in the investigation and influencing the witnesses. Hence, it is not a fit case for grant of bail, at this stage. 7. In the result, the Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:27.03.2025 Dinesh
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THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No.2148 of 2025
DATE:27.03.2025
Dinesh