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2026 DAILYLAW 15159 (AP)

Shaik Althaf alias Althaf v. The State of Andhra Pradesh

CRLP/403/2026 · 2026-02-02

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010026592026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NOs: 403 AND 414 OF 2026 In Crl.P.No.403/2026: Between: 1. SHAIK ALTHAF ALIAS ALTHAF, S/O SHAIK KARIMULLAH, AGED ABOUT 26YEARS, R/O D.NO.15-18-108, MARUTHI NAGAR, 2ND LINE, GUNTUR,ANDHRA PRADESH. 2. SHAIK JAKEER HUSSAIN ALIAS JAKIR, S/O SHEKSHA VALI, AGEDABOUT 29 YEARS, R/O D.NO. 17-14-8, SWARAJA NAGAR, SUDDAPALLIDONKA, YANADI COLONY, GUNTUR, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati, ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioners / Accused No. A1 and A4 in the event of their arrest in Crime No.483 of 2025 on the file of Nagarampalem Police Station, Guntur District, by directing that they be released on bail on such terms and conditions as this Hon’ble Court may deem fit and proper in the interest of justice. 2 In Crl.P.No.414/2026 Between: 1. SHAIK MOHAMMED ALI ALIAS MOHAMMAD ALI, S/O ABUL KHALIKH,AGED ABOUT 27 YEARS, R/O.D.NO.78-7-473, OLD POLICE LINE,KING HOTEL SIDE LINE, LALAPET, GUNTUR, ANDHRA PRADESH. A2 2. SHAIK LATIFULLAH ALI ALIAS LATHIF, S/O SHAIK RAHAMAN, AGEDABOUT 29 YEARS, R/O D.NO.24-29-40, 18TH LINE, NALLACHERUVU,GUNTUR, ANDHRA PRADESH.A3 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to grant anticipatory bail to the petitioners / Accused No. A2 and A3 in the event of their arrest in Crime No.483 of 2025on the file of Nagarampalem Police Station, Guntur District, IA NO: 1 OF 2026 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of the original certified copy of Cr.No. 483 of 2025, dated 18-12-2025 on the file of Nagarampalem , Guntur before this Hon’ble Court and pass Counsel for the Petitioner/accused(S): 1. NAINA SHAIK Counsel for the Respondent/complainant: 1. NAINA SHAIK Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NOs: 403 AND 414 OF 2026 COMMON ORDER:- Since both the above criminal petitions arise out of the same crime, this Court deems it appropriate to pass the following common order. The Criminal Petitions have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioners/Accused Nos.1 & 4 in Crl.P.No.403 of 2026 and petitioners/Accused Nos.2 & 3 in Crl.P.No.414 of 2026 for granting pre-arrest bail in connection with Crime No.483 of 2025 of Nagarampalem Police Station, Guntur, registered for the offences punishable under Sections 118(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. Heard Ms.Shaik Naina, the learned Counsel for the Petitioners and Mr.K.Sandeep, learned Assistant Public Prosecutor for respondent - Complainant. 3. The prosecution case, in brief, is that on 15.12.2025 at about 11:30 p.m., while the de facto complainant and his friend were present at a tiffin centre in the Gandhi Park area of Guntur, the accused picked up a quarrel with them. Thereafter, the de facto complainant and his friend left the said place and proceeded towards Style Heaven Cloth Shop, situated on Stall Girls High School Road, Nagarampalem, Guntur Town. It is alleged that at that time, the 4 petitioners herein, namely Accused Nos. 1 to 4, chased them on two vehicles, assaulted them indiscriminately with hands, and caused injuries to the de facto complainant and his friend. It is further alleged that the petitioners also assaulted the de facto complainant with a stone on his head, face, and hands, resulting in bleeding injuries. Subsequently, one Naveed shifted the injured persons to the Government General Hospital, Guntur. Based on the statement of the de facto complainant, a case in Crime No. 483 of 2025 came to be registered. 4. Learned counsel for the petitioners would submit that the allegations made in the complaint are vague and omnibus in nature and that no specific overt acts have been attributed to any of the petitioners for causing grievous injuries to the de facto complainant. It is contended that, except for a general allegation of their presence at the scene, there is no material on record to establish individual roles or participation of the petitioners in the alleged assault. Learned counsel further submits that the injuries alleged to be grievous are not supported by any specific medical or prima facie material attributing the same to the petitioners, and therefore, their implication in the crime is unsustainable and prays to grant pre-arrest bail to the petitioners. 5. Mr. K. Sandeep, learned Assistant Public Prosecutor, would submit that the investigation is not completed and CC TV footage is available in this case. The petitioners chased the injured and beat them with hands, legs and stones as such, the de facto complainant sustained grievous injuries and prays to dismiss the bail application. 5 6. Considering the submissions made and on perusal of the material available on record, it is evident that the de facto complainant and Witness No. 4, who also sustained injuries, have stated before the police about the involvement of the petitioners in the offence. Further, as submitted by the learned Assistant Public Prosecutor, the investigation is still pending. Hence, this Court is of the view that this is not a fit case for grant of pre-arrest bail at this stage. 7. In the result, both the Criminal Petitions are dismissed. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 03.02.2026 KA 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NOs: 403 AND 414 OF 2026 Date: 03.02.2026 KA