APHC010655252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12565/2025 Between: K NISHANTH, S/O. LATE KANNAIAH,AGED ABOUT 19 YEARS, OCC STUDENT,R/O. D.NO. 14/275, VM PALII VILIAGE,SRIKAIAHASTI TOWN, TIRUPATI DISTRICT ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Rep. by its Pubiic Prosecutor, High Court of Andhra Pradeshat Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: MUCHAKAYALA NARAYANA Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr.YLR,J Crl.P.No.12565 of 2025 Dated 06.01.2026 The Court made the following: 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.7 for granting of pre-arrest bail in connection with Crime No.194 of 2025 in Srikalahasthi I Town Police Station, Tirupathi District, registered for the alleged offence punishable under Section 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita (for brevity of ‘the BNS’). 2. The learned counsel for the petitioner submits that the petitioner is aged about 19 years. He is a student. He has not committed any offence. He is innocent and a law‑abiding citizen. He has been falsely implicated in this case. There are only omnibus allegations levelled against the petitioner. The petitioner is a permanent resident of V.M. Palli Village, Srikalahasti Town, Tirupathi District. He has got fixed abode. If any condition is imposed for granting pre‑arrest bail, the petitioner would scrupulously follow such condition, and therefore, it is urged to grant pre‑arrest bail to the petitioner. 3. Per contra, Ms.P.Akhila Naidu, the learned Assistant Public Prosecutor, submits that the petitioner is not entitled to the grant of pre-arrest bail, which is a discretionary remedy. The petitioner has not approached the Court with clean hands. He has taken the law into his own hands, and it is urged to dismiss the petition. 3 Dr.YLR,J Crl.P.No.12565 of 2025 Dated 06.01.2026 4. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, LW.1/victim was attacked by the petitioner and other accused with rods and sticks. Accused Nos.1 and 2 beat the victim with deadly weapons and caused injuries. The wound certificate has not yet been received. In the statement recorded by the Investigating Officer, the victim stated that the petitioner also beat him. 6. The grant of pre-arrest bail is neither a license for the commission of offences nor a shield or protection for the persons who have allegedly committed offences, and against whom specific overt acts are attributed, as per the judgments of the Hon’ble Supreme Court in Gurbaksh Singh Sibbia v. State of Punjab1and Sushila Aggarwal v. State (NCT of Delhi). 2 7. In view of above facts and circumstances of the case, nature and gravity of the specific allegations levelled against the Petitioner, this Court is not inclined to consider the request of Petitioner for grant of pre-arrest bail as the Petitioner is disentitled for the relief. 8. In the result, the Criminal Petition is dismissed. However, as per the request of the learned counsel for the petitioner, liberty is granted to the petitioner to surrender before the learned Jurisdictional Magistrate concerned within two (02) weeks from the date of receipt of copy of this order and move an appropriate application before the learned Jurisdictional Court concerned. 1 (1980) 2 SCC 565 2 (2020) 5 SCC 1 4 Dr.YLR,J Crl.P.No.12565 of 2025 Dated 06.01.2026 The learned Jurisdictional Court concerned shall make endeavor to dispose of the said application in accordance with law, on its own merits by giving sufficient opportunity to both sides within a period of one (01) week. ________________________ Dr.Y. LAKSHMANA RAO, J. Date: 06.01.2026 Note: Issue C.C. by 07.01.2026 B/o PRA