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2026 DAILYLAW 17892 (AP)

Burra Vamsi alias Nani v. The State of Andhra Pradesh

CRLP/1523/2026 · 2026-03-02

Venkata Jyothirmai Pratapa

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010095932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1523/2026 Between: 1. BURRA VAMSI ALIAS NANI, S/O BURRA VARAPRASAD, AGED ABOUT 24 YEARS,R/O 3-57, RAYANAPADU VILLAGE, NTR DISTRICT, ANDHRA PRADESH - 521241 ACCUSED NO.11 / PETITIONER NO.1 2. YERRAPOTHU KESAVA SIVA NAGA SAI KARTHIK ALIAS SAI, S/O YERRAPOTHUBATARAMA SWAMY, AGED ABOUT 20 YEARS DOB 19-03-2005, R/O 2-127, GUDURU MANDAL, TARAKATURU, KRISHNA DISTRICT, ANDHRA PRADESH-521156 ACCUSED NO.14 / PETITIONER NO.2 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati Through Station House Officer,Governorpet Police Station, Vijayawada City, NTR District ...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 petitioners/Accused Nos.11 and 14 in the event of arrest in connection with Cr.No.161/2024 of Governorpet Police Station, Vijayawada City, Krishna District dated 12-08-2024 pending investigation and trial and pass Counsel for the Petitioner/accused(S): 1. Dr ANWAR SHAIK Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: This Criminal Revision Case under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 8BNSS9) has been filed by the Petitioners / A.11 and A.14 seeking to release them on bail in the event of their arrest in connection with Crime No.161 of 2024 of Governorpet Police Station, Vijayawada City, Krishna District registered for the offences punishable under Sections 137(2), 127(2), 109(1), 140(2) and 351(2) read with 3(5) of BNS, 2023. Brief facts of the case, as per the material on record, are that the defacto Complainant is the resident of Sankarapuram, Kadapa and running Sangeeth Mobiles shop at Nagarajupet, Kadapa. It is stated that he got acquaintance with A.1 at a restaurant at Tirupati and A.1 has stated that he had a Ram Lakshman Chemical Coin worth Rs.2.00 crores in the market and that he would give it to the complainant for Rs.3.00 lakhs and if required, asked the complainant to come to Madanapalle. The complainant went to Madanapalle for collection of the coin. At that time, the complainant got some suspicion and enquired about the chemical coin. It is stated that a small quarrel took place between them and the complainant took the phone of A.1 and went to Kadapa. Thereafter, A.1 shown the coin to defacto complainant through whatsapp video call and informed that if he wanted the coin, asked the complainant to Vijayawada. On the date of offence, complainant and A.1 to A.15 came to the scene of offence at Rayanapadu Tank, Ibrahimpatnam at 3.30 p.m. and A.1 asked the complainant whether he brought money for purchase of the coin for which the complainant informed that he did not bring money. On that, A.1 and his friends allegedly beat the complainant on his 3 hands and legs with sticks and detained the complainant in Santhi lodge, Governor pet, Vijayawada by abduction and again beat him with sticks indiscriminately all over his body. On the complaint given by the defacto complainant, the present case has been registered against A.1 to 15, wherein, the Petitioners herein are arrayed as A.11 and A.14. Heard Sri Shaik Anwar, learned counsel for the Petitioners and Smt.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent State. Perused the material on record. Learned counsel for the petitioners would submit that the prosecution story is highly suspicious and appears to be fabricated and that no specific overtacts were attributed to either of the Petitioners and that Learned counsel would further submit that the Petitioners are no way concerned with the alleged offence.Even after lapse of 18 months, no charge sheet is filed by the investigating Officer and no recoveries are pending from the petitioners and that there are no criminal antecedents against the petitioners and the petitioners are law abiding citizens and any conditions may be imposed to the satisfaction of the Court for release of the Petitioners. On the other hand, learned Assistant Public Prosecutor on instructions opposed the petition and would submit that there is a prima facie case made out against the petitioners and that the defacto complainant known the A.1 and also his friends and they are calling themselves with their names. Further, the petitioners moved bail petitions and the same was dismissed by the Trial Court. No case is made out to grant anticipatory bail to the Petitioners. Hence, prayed for dismissal of the Petition. 4 Considering the submissions made and a fair look at the material on record, as rightly put by learned Assistant Public Prosecutor, the petition is not maintainable, as the FIR discloses cognizable offences and the investigation is at a nascent stage. A bare perusal of the material placed on record, this Court finds that a prima facie case is made out against the Petitioners attracting the ingredients of the offences lodged against them. Having regard to the nature and gravity of the offences alleged, and also taking into consideration the investigation is in progress, this Court is of the view that this is not a fit case for grant of anticipatory bail to the petitioners. Accordingly, this Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 03.03.2026 Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 1586 of 2026 05.03.2026 Mjl/*