APHC010723062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13641 OF 2025 Between: 1. PALAKEERTHI RAVI, S/O. VENKATA SESHAIAH,AGED ABOUT 45 YRS,R/O. A BLOCK, 8 LANE, VENGALARAO NAGAR,NEAR MAHALAKSHMAMMA TEMPLE, NELLORE CITYSPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, THROUGH SHO. NELLORE RURAL PS HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. B S N NAIDU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13641 OF 2025 ORDER:- The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioner/Accused No.2 on bail in Crime No. 381 of 2025 of Nellore Rural Police Station, SPSR Nellore District, registered against the Petitioner/Accused No.2 herein for the offence punishable under Sections 191(2), 191(3), 126(2), 103, 61(2), 49, 351(2) read with 190 of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS”) and Section 25(1A) and 27(1) of Arms Act, 1959 and Section 3(2)(v) of SCs and STs (POA) Amendment Act, 2015. 2. The case of the prosecution in brief is that on 28.11.2025 afternoon, on the instigation and provocation of Accused No.1 and 2 and their followers Accused No.3 to 14 and some others formed themselves into an unlawful assembly armed with deadly weapons such as knives, with the common object to kill the deceased. On 28.11.2025 at 16.00 hrs, the deceased Penchalaiah went to his son’s school on his motor cycle bearing No. AP 440 HQ 1351, picked up his younger son and while returning home, at about 16.20 hrs, when he reached near Saravana’s scrap shop, near Narayana Junior College, Kallurupalli Housing Board Colony, Accused No. 3 to 14 and others attacked the deceased with knives, stabbed and hacked the deceased indiscriminately and caused multiple severe injuries over his body. After confirming that the deceased is dead all the accused fled away from the spot. Basing on the complaint, the above crime was registered. 3. Heard Mr. B.S.N.Naidu, the learned Counsel for the Petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor and Mr. Madavarao Nalluri, learned counsel for the defacto complainant. 4. Learned counsel for the Petitioner would submit that the only allegation made against the Petitioner i.e Accused No.2 herein is that he instigated the murder of deceased. In the remand report, there is no reference against the Petitioner and nothing is attributed against him. The Petitioner has been in the judicial custody since 04.12.2025 and he is ready to furnish sufficient sureties for his release on bail. 5. Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that the investigation is at nascent stage. So far 10 witnesses were examined. The Petitioner is a close friend of Accused No.1 and immediately, after the incident there is a phone conversation between Accused No.1 and 2 and there is every possibility of the Petitioner interfering with the investigation, if the Petitioner is released on bail at this stage. The Petitioner has played a crucial role in commission of an offence and finally prays to dismiss the Criminal Petition. 6. Learned counsel representing the defacto complainant, who is wife of deceased would submit that there are clear allegations made against the Petitioner. It is a case of conspiracy of committing a murder of the deceased. The Petitioner funded for commission of this crime and prays to dismiss the Criminal Petition. 7. Considering the submissions made and on perusal of the material on record, the Petitioner is facing allegations for the offences punishable under Sections 191(2), 191(3), 126(2), 103, 61(2), 49, 351(2) read with 190 of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS”) and Section 25(1A) and 27(1) of Arms Act, 1959 and Section 3(2)(v) of SCs and STs (POA) Amendment Act, 2015. He has been in judicial custody since 04.12.2025. The investigation is at nascent stage. The prosecution has gathered material evidence immediately after the incident i.e telephonic conversation between the Petitioner and other Accused. It is a case, where Accused No.3 to 14 and others attacked the deceased with deadly weapons with an intention to kill him. In view of serious allegations, basing on a complaint by defacto complainant, a Crime has been registered against the Petitioner and others. 8. In the light of serious nature of offence and investigation is at crucial stage, this Court feels that there is possibility to influence the witnesses and tamper the evidence at this stage, if the Petitioner is enlarged on bail. In that view, this Court is not inclined to grant bail to the Petitioner. 9. Accordingly, the Criminal Petition is dismissed. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 19.01.2026 KK