Extracted from the PDF above. The PDF is authoritative.
APHC010477362026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 8035/2026 Between:
1. P VIKRAM, S/O. PERUMAL, AGED ABOUT 25 YEARSR/O. 2-05, RALLACHENU VILLAGE, ADAVIBUDUGURU,KUPPAM POST MANDAL, CHITTOOR DISTRICT. 2. G HARISH, S/O. M. GANESH MURALI,AGED ABOUT 26 YEARS, R/O. ADAVIBUDUGURU,KUPPAM POST MANDAL, CHITTOOR DISTRICT. 3. A VAJRAVELU, S/O. ANNAMALAI, AGED ABOUT 26 YEARS,R/O.
ADAVIBUDUGURU, KUPPAM POST MANDAL,CHITTOOR DISTRICT. ...PETITIONER/ACCUSED(S) AND
1. THE STATE OF ANDHRA PRADESH, KUPPAM URBAN POLICE STATION, CHITTOOR DISTRICTREP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH,AMARAVATI, GUNTUR DISTRICT. 2. S MURUGAN, S/O. LATE SEENAPPA,AGED ABOUT 50 YEARS, R/O. KADACHIKOTTALU VILLAGEKUPPAM MANDAL, CHITTOOR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S):
BANDI SRIHARI Counsel for the Respondent/complainant(S):
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PUBLIC PROSECUTOR The Court made the following:
ORDER:
The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’) by the petitioners/accused Nos.2 to 4, seeking grant of pre-arrest bail in connection with Crime No.133 of 2026 of Kuppam Urban Police Station, Chittoor District, registered for the alleged offences punishable under Sections 109(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’). 2. Mr. Bandi Srihari, learned counsel for the petitioners, submits that there are no specific over acts attributable to the petitioners and that the petitioners are innocent of the alleged offences and they have been falsely implicated by the police. It is further submitted that the petitioners are the sole earning member of their respective families, and, therefore, if they are incarcerated, it would cause undue hardship to their dependants. They are law-abiding citizens. Hence, it is urged to grant pre-arrest bail to the petitioners. 3. Per contra, Mr.A.Sai Rohit, learned Assistant Public Prosecutor, vehemently opposed the grant of pre-arrest bail to the petitioners and submits that the investigation is not yet completed and that there are
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specific overt acts attributable on the part of the petitioners. If the petitioners are enlarged on pre-arrest bail, they may not cooperate with the Investigating Officer and may evade the process of law. Therefore, he prays that the petition be dismissed. 4. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.
5. As seen from the record, there are specific overt-acts have been attributed to the petitioners by the respondent No.2/de-facto complainant that the petitioners indiscriminately attacked and bet one Mr. Muniswamy, who is the younger brother of the de-facto complainant, and also the mother of the de-facto complainant, with their fists. 6. In view of the specific overt acts attributed to the petitioners, this Court is not inclined to grant pre-arrest bail to the petitioners, as it would amount to giving a shield, or protection or license to the petitioners who have allegedly caused severe injuries to the victim, as per the judgments of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab1 and Sushila Aggarwal v. State of (NCT of Delhi)2. Having regard to the facts and circumstances of the case, this Court is not
1(1980) 2 SCC 565 2 (2020) 5 SCC 1
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inclined to grant any relief to the petitioners herein as there are no merits. 7. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 19.09.2026 RSI/DRNR
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35 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION No.8035 of 2026
Date:19.09.2026
RSI/DRNR