APHC010056282026 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: 854/2026 Between: 1. SURESH, S/O. S. SRINIVASULU, AGED 21 YEARS, OCC BUSINESS,R/O. D. NO. 13-8-292, THATHAIAH GUNTA,TIRUPATI URBAN, TIRUPATI DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, rep by its Public Prosecutor,High Court of Andhra Pradesh at 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 direct the Station House Officer, Tirupati East Police Station, Tirupati to release the Petitioner/Accused No.l on bail in the event of his arrest in connection with Cr. No. 63/2026 of Tirupati East Police Station, Tirupati and pas Counsel for the Petitioner/accused: 1. D PURNACHANDRA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 854/2026 ORDER : The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.1 for granting of pre-arrest bail in connection with Cr.No.63 of 2026 of Tirupati East Police Station, registered for the alleged offence punishable under Sections 118(1), 324(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’). 2. Heard Mr. D.Purnachandra Reddy, learned counsel for the Petitioner and Mr.K.Sandeep, learned Assistant Public Prosecutor on behalf of the State. 3. The prosecution case, in brief, is that the defacto complainant gave a report to the police stating that on 23.01.2026 at about 7:30 PM, while he was returning from his office, A-1 and his associates, in a drunken condition, stopped the motorcycle of the defacto complainant and questioned him as to why he blew the horn. Thereafter, they attacked him with a marble stone, damaged his motorcycle, and took away his cell phone. It is further stated that when the wife of the defacto complainant came to the said place, the accused attacked her as well. Based on the said complaint, a case in Crime No. 63 of 2026 of Tirupati East Police Station was registered against the accused for the offences punishable under Sections 118(1) and 324(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3 4. Learned counsel for the Petitioner would submit that the Petitioner/Accused No. 1, is innocent, he has nothing to do with the alleged crime. The allegations made against the Petitioner are omnibus in nature and there is no material to connect him with the alleged offence. Even if the allegations are taken into consideration, the incident is stated to have occurred on 23.01.2026, whereas the defacto complainant lodged the report only on 27.01.2026, i.e., with a delay of four days. It is further submitted that the Petitioner is ready and willing to furnish sufficient sureties to the satisfaction of the Court to secure his presence for the purpose of investigation. 5. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that the investigation is at nascent stage. The crime is registered on 27.01.2026. He would further submit that rowdy sheet is also opened against the Petitioner. Three (3) other criminal cases are pending against the Petitioner. The wound certificate is not yet received. If the Petitioner is enlarged on anticipatory bail, there is every likelihood of threatening of witnesses of prosecution and tampering of evidences of prosecution. Hence, it is not a fit case for grant of anticipatory bail at this stage and he finally prays for dismissal of the petition. 6. Considering the submissions made, upon perusal of the material on record, as rightly contended by the learned Assistant Public Prosecutor, investigation is at nascent stage, wound certificate is also not yet received and 4 in light of the nature and gravity of the allegations levelled against the Petitioner, this Court is not inclined to grant anticipatory bail to the Petitioner at this stage. 7. Accordingly, the Criminal Petition is dismissed. 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 5 127 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 854/2026 Dt: 12.02.2026 UPS