IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX :PRESENT: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA ^ CRIMINAL PETITION NO: 12934 OF 2025 I it -ti* % •A Between: 1. Syed Abu Ubaida, S/o, Syed Basheer Ahamed, aged about 20 Years, R/o. D.No.49/193-2, Ravindra Nagar, Kadapa City, YSR Kadapa District 2. Chabuk Savar Mohammed Shahmeer, S/o. Chabuk Sarvar Shahbuddin, aged about 51 Years, R/o. D.No.6/182, Burrandin Street Kadapa City, YSR Kadapa District ...Petitioners/Accused No.4 & 5 AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati ...Respondent Aged , YSR ...2"'^ Respondent (Respondent No.2 is impleaded as per the Court order dated 21.01.2025 m I.A.No.1 of 2025 in Crlp.No.12934 of 2025) Petition under Section 482 of BNSS/ Under Section 438 of Cr.P.C," praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to grant anticipatory bail to the petitioners in the event of their arrest in F.I.R. No 360 of 2025, dated 17.11.2025 YSR (Kadapa) District. 2. Syed Mohammed Tahirullah Khadri, S/o Syed Nazrullah Soheb about 37 years, R/o D.No.491219, Ravindra Nagar, Kadapa City (Kadapa) District. on the file of the Kadapa Taluk U/G Police Station The Petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of SRI SHAIK MOHAMMED ISMAIL Advocate for and of PUBLIC PROSECUTOR, for the Respondent made the following the Petitioners, No.1, and of the Court 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12934 OF 2025 ORDER:- The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioners/Accused Nos.4 & 5 for granting of pre-arrest bail in connection with Crime No.360 of 2025 of Kadapa Taluk U/G Police Station, YSR (Kadapa) District, registered for the alleged offence punishable under Sections 189(2), 331(5), 324 (4) 118(1), 351(2), 132, 49 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’). None appeared for respondent No.2. Heard Mr.Shaik Mohammed Ismail, tine learned Counsel for the Petitioners and Ms. K.Sandeep, learned Assistant Public Prosecutor. 2. The case of the prosecution in brief is that on 17.11.2025 at 4.10 p.m., in the office of complainant at Muradiya Nagar, Raveendra Nagar, Kadapa City, wherein accused No.1 and three others along with their henchmen, duly instigated by accused No.5, having made preparation for causing injury to the complainant, criminally trespass into the office room of complainant duly attached to the house, being in possession of sticks and beat the complainant and one another and caused bleeding injuries and dumb injuries to them and 3. also used force upon the complainant and thereby, deter his lawful duties in 3 the capacity of Mutawalli. Basing on the complaint of complainant, the case was registered. 4. Learned counsel for the petitioners would submit that the petitioners herein are Accused Nos. 4 and 5 and that no specific overt acts are attributed to them in the present matter. It is further submitted that the investigation might have been completed by this time and, in fact, a counter case has been registered against the defacto complainant, being Crime No. 361 of 2025, for the offence punishable under Section 118(1) read with Section 3(5) of the BNS. Learned counsel would further submit that, on the contents of the complaint itself, it is not the house of the accused that was trespassed by a mob and where the alleged incident occurred. Learned counsel would further submit that the petitioners are ready and willing to furnish sufficient sureties to the satisfaction of the learned Trial Court to secure their presence for the purpose of investigation. 5. Mr. K. Sandeep, learned Assistant Public Prosecutor, would submit that the investigation is pending for want of arrest of the petitioners/Accused Nos.4 and 5 and vehemently oppose the grant of anticipatory bail to the petitioners. He would further submit that the offence under Section 331(5) of the BNS is not applicable to the facts of the case. 6. Considering the submissions made, upon perusal of the material on record, and taking into account the facts and circumstances of the case that 4 the absence of any specific overt acts attributed to the petitioners/Accused Nos. 4 and 5, the counter case lodged against the defacto complainant group vide Crime No.361 of 2025 for the offence punishable under Section 118(1) read with Section 3(5) of the BNS, and the fact that the investigation has been completed, the question of tampering with the investigation or influencing the witnesses does not arise. Accordingly, this Court is inclined to grant pre-arrest bail to the petitioners/Accused Nos. 4 and 5. In the result, the Criminal Petition is allowed with the following 7. conditions: In the event of arrest of the Petitioners/ Accused Nos.4 and 5, they shall be enlarged on bail subject to they executing bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties for the like sum each to the satisfaction of the arresting police officials; I. The Petitioners/ Accused Nos.4 and 5 shall make themselves available for investigation and shall cooperate with the investigating officer for further investigation; II. The Petitioners/ Accused Nos.4 and 5 shall not cause any threat, inducement or promise to the prosecution witnesses; The Petitioners/ Accused Nos.4 and 5 shall not leave the limits of Andhra Pradesh State without the express permission from the concerned Court. IV. 5 The Petitioners/ Accused Nos.4 and 5 shall surrender their passports, if any, to the investigating officer. If they claims that they do not have passport, they shall submit an affidavit to that effect to the Court concerned. V. SD/- K.SRINIVASA RAJU ASSISTANT] REGISTRAR SECTI0NOFFICER //TRUE COPY// To, 1. The Station House Officer, Kadapa Taluk U/G Police Station, YSR Kadapa District 2. One CC to SRI. SHAIK MOHAMMED ISMAIL Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 4. One spare copy PSR HIGH COURT DR.VJP.J DATED:21/01/2026 BAIL ORDER CRLP.No.12934 of 2025 ALLOWED