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2026 DAILYLAW 15566 (AP)

V Gopi v. The State of Andhra Pradesh

CRLP/553/2026 · 2026-02-11

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010036972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 553/2026 Between: 1. V GOPI, S/O. C. VENKATESAN, AGED ABOUT 25 YEARS,R/O. H. NO.7-22, POONEPALLE COLONY,MURAKAMBATTU, CHITTOOR MANDAL,CHITTOOR DISTRICT. 2. C VENKATESAN ALIAS VENKATESH, S/O. V. SOKKALINGAM,AGED ABOUT 68 YEARS,R/O. H. NO.7-22, POONEPALLE COLONY,MURAKAMBATTU, CHITTOOR MANDAL,CHITTOOR DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep., SHO, Taluk Police Station, Chittoor District, Through the 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 direct the SHO, Chittoor Taluk Police Station, Chittoor District, to enlarge the petitioners on bail in the event of their arrest in connection with FIR No.3 of 2026 of Chittoor Taluk Police Station, Chittoor District pending enquiry, investigation and trial Counsel for the Petitioner/accused(S): 1. SURESH KUMAR REDDY KALAVA 2 Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 553/2026 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 No.1 & 2 for granting of pre-arrest bail in connection with Cr.No.3 of 2026 of Chittoor Taluk Police Station, registered for the alleged offence punishable under Sections 118(1), 115(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) and 3(1)(r), 3(1)(s), 3(2)(va) of SC’s and ST’s (POA) Act. 2. Heard Mr. Suresh Kumar Reddy Kalava, learned counsel for the Petitioners and Mr.K.Sandeep, learned Assistant Public Prosecutor on behalf of the State. 3. The prosecution case, in brief, is that the defacto complainant lodged a report on 08.01.2026 stating that on 07.01.2026 at about 12:00 noon, A-1 broke the complainant’s plastic water pot. When the complainant went to A-1’s house in that regard, A-1 abused her by referring to her caste. When the complainant’s husband questioned A-1 about the same, A-1 abused him as well. On the same day at about 5:00 PM, A-1 picked up a quarrel with the complainant’s husband and beat him with an iron rod on his head, kicked him, and caused injuries. When the complainant’s uncle intervened to rescue him, A-2 beat him with a rod on his right leg and caused injuries. Based on the said complaint, a case in Crime No. 3 of 2026 of Chittoor Taluk Police Station was 4 registered against the petitioners for the offences punishable under Sections 118(1) and 115(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SCs & STs (Prevention of Atrocities) Act. 4. Learned counsel for the Petitioners would submit that the Petitioners/Accused Nos. 1 and 2, are innocents, they have nothing to do with the alleged crime. The present crime is a counterblast case against the Petitioners. The allegations made against the Petitioners are omnibus and vague in nature. It is further submitted that the Petitioners are ready and willing to furnish sufficient sureties to the satisfaction of the Court to secure their presence for the purpose of investigation. 5. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that the investigation is not yet completed and is pending for examination of some more witnesses. There are specific allegations made against the Petitioners. If the petitioners are enlarged on anticipatory bail, there is every likelihood of threatening of witnesses of prosecution and tampering of evidences of prosecution. Hence, he finally prays for dismissal of the petition. 6. Considering the submissions made, upon perusal of the material on record, investigation is at crucial stage and in light of the nature and gravity of the allegations levelled against the Petitioners, this Court is not inclined to grant anticipatory bail to the Petitioners at this stage. 5 7. At this juncture, learned Counsel for the Petitioners would submit that liberty may be given to the Petitioners to surrender before the jurisdictional Court concerned and move an appropriate application. 8. Accordingly, the Criminal Petition is dismissed. However, the Petitioners/Accused Nos. 1 and 2 are at liberty to surrender before the learned Jurisdictional Court concerned within a period of one (01) week from the date of receipt of copy of this order, and move an appropriate application before the learned Jurisdictional Court concerned. The learned Jurisdictional Court concerned is directed to dispose of the said application in accordance with law, on its own merits by giving due and sufficient opportunity to the learned Public Prosecutor concerned, and pass appropriate orders as expeditiously as possible. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 12.02.2026. UPS 6 122 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 553/2026 Dt: 12.02.2026 UPS