APHC010093662026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1460/2026 Between: 1. PAGILLA RAKESH ALIAS RAKI, S/O LINGAIAH, AGED ABOUT 24 YEARS B-BLOCK, SWARNABHARATHI NAGAR, 5 LANE,C-BLOCK, GUNTUR ...PETITIONER/ACCUSED AND 1. THE STATE, SUB INSPECTOR OF POLICE NALLAPADU POLICE STATION, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF A.P., 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 Respondent Police to enlarge the Petitioner/Accused No.12 on bail in the event of his arrest in connection with Crime No.47/2026 of Nallapadu P.S., Guntur and to pass such Counsel for the Petitioner/accused: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1460 OF 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.12 in the event of his arrest in connection with Crime No.47 of 2026 of Nallapadu Police Station, Guntur District, for the offences punishable under Sections 109(1) r/w 3(5) of B.N.S Act. 2. Heard Mr.A.Venkata Durga Rao, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State/respondent. Perused the record. 3. The case of the prosecution in brief, is that, on 18.01.2026, the complainant lodged a report stating that he works as a coolie and that his brother was constructing a house beside the complainant’s house. On 17.01.2026 at about 7.00 hours, some persons came armed with sticks, iron rods and stones and attacked the complainant’s house, hitting the walls. When the complainant questioned them, they assaulted him. When his younger son and nephew tried to intervene, they were also beaten indiscriminately with sticks and rods, causing bleeding head injuries. On hearing the cries, the complainant’s brother, sister-in-law and another came there and they too sustained injuries. The accused and others allegedly 3 attacked them. Thereafter, the injured were shifted to Vikas Hospital and GGH, Guntur for treatment. 4. Learned counsel for the petitioner would submit that the petitioner herein is the accused No.12. He would further submit that there are no specific overt acts attributed against the petitioner. He would further submit that the learned II Additional Sessions Judge, Guntur, dismissed the earlier anticipatory bail application in Crl.M.P.No.208 of 2026 vide Order dated 16.02.2026. It is further submitted that, the petitioner is 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 there are six witnesses in this matter. It is a group clash between two groups. She further submits that the investigation is not yet completed and specific over acts are attributed against the petitioner/accused No.12. This is not a fit case to grant of anticipatory bail. Hence, she finally prays for dismissal of the petition. 6. Considering the submissions of both sides, and upon perusal of the material on record, and in the 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. 4 7. Accordingly, the Criminal Petition is dismissed. However, the petitioners/accused No.12 is at liberty to surrender before the learned Jurisdictional Court 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. The learned Jurisdictional Court 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: 05.03.2026 Pmk 5 184 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1460 of 2026 05.03.2026 Pmk