Extracted from the PDF above. The PDF is authoritative.
APHC010265972026
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: Between:
1. SMD ABRAR, S/O. SHAIK ALTHAF SHARIFF, AGED ABOUT 1034, GOOLINGS PETPUNGANUR TOWNANNAMAYYA DISTRICT
1. THE STATE OF ANDHRA PRADESH PUBLIC PROSECUTOR, HIGH COURT OF AMARAVATHI.
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 petitioner/accused in the event of his arrest by the respondent police in the above said false Crime No.103/2026, Annamayya District, and pass Counsel for the Petitioner/accused:
1. BASHA SHAIK Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4208/2026 SMD ABRAR, S/O. SHAIK ALTHAF SHARIFF, AGED ABOUT 1034, GOOLINGS PETPUNGANUR TOWNANNAMAYYA DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF AMARAVATHI. ...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 petitioner/accused in the event of his arrest by the respondent police in the No.103/2026, dated 29-4-2026, of Punganur UPS, pass Counsel for the Petitioner/accused: Counsel for the Respondent/complainant:
PUBLIC PROSECUTOR IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA SMD ABRAR, S/O. SHAIK ALTHAF SHARIFF, AGED ABOUT #14- 1034, GOOLINGS PETPUNGANUR TOWNANNAMAYYA DISTRICT ...PETITIONER/ACCUSED , REPRESENTED BY ITS ...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 to grant anticipatory bail to the petitioner/accused in the event of his arrest by the respondent police in the 2026, of Punganur UPS,
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4208 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, for granting of pre-arrest bail in connection with Crime No.103 of 2026 on the file of Punganur UPS, Annamayya District, registered for the offence punishable under Section 332(b), 324(4), 118(1), 351(2) and 79 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”).
2. The case of the prosecution in brief is that the Accused, after maintaining a five-year live-in relationship with the complainant, Smt. M. Manjula, reacted to being confronted about his recent secret marriage by trespassing into her home on the night of April 28, 2026, where he physically assaulted her with a stick, directed filthy language toward her family, and issued death threats. During the altercation, the Accused further committed acts of mischief by destroying various household articles, including a television and refrigerator, causing a total property loss of Rs.40,000/-, which led the complainant to file a formal police report following her medical treatment for a bleeding hand injury.
3. Heard Sri Basha Shaik, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.
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4.
Learned counsel for the petitioner would submit that the petitioner is innocent and is no way connected to the alleged offence and he has been falsely implicated in this case. The petitioner herein is the sole breadwinner of his family. Furthermore, it is contended that the petitioner is a law-abiding citizen with deep roots in society, posing no flight risk, and is willing to abide by any conditions imposed by this Court and cooperate fully with the investigation. Learned counsel finally prays for grant of pre-arrest bail to the petitioner.
5. Learned Assistant Public Prosecutor vehemently opposed the petition and submitted that there are specific and direct allegations against the petitioner to the effect that he forcibly trespassed into the house of the de facto complainant and brutally assaulted her with a stick, causing a bleeding injury. It is further contended that the investigation is at a nascent stage and the nature of the offence is highly grave, involving both physical violence and criminal intimidation in the middle of the night. Furthermore, the petitioner is a habitual offender with 11 criminal antecedents recorded against him, and as such, he does not deserve the discretionary relief of anticipatory bail as there is every likelihood that the petitioner may threaten the witnesses or tamper with the evidence. She finally prays for dismissal of the petition.
6. Considering the submissions made and on perusal of the material placed on record before this Court, as rightly contended by the learned Assistant Public Prosecutor, there are specific and serious allegations against the petitioner relating to criminal trespass, physical assault, intimidation, and
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damage to property. Further, it is brought to the notice of this Court that the petitioner is involved in as many as 11 criminal antecedents and that the investigation is still at a nascent stage. Having regard to the gravity of the offences alleged, the specific overt acts attributed to the petitioner, and his criminal antecedents, this Court is of the considered opinion that the petitioner is not entitled to the relief of anticipatory bail at this stage. In that view, the Criminal Petition is liable to be dismissed.
7. Accordingly, the Criminal Petition is dismissed.
Consequently, miscellaneous applications pending, if any, shall stand closed.
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DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 08.05.2026. UPS
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104 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 4208 OF 2026 Dt: 08.05.2026
UPS