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Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010289152026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY, THE 22nd DAY OF JUNE 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4650/2026 Between:
1. GANTA PADMA, W/O. GANTA KONDA BABU,AGED ABOUT 37 YEARS, OCC HOUSE WIFE,R/O. DOOR NO.9-17, BC COLONY, NEAR CHURCH,KOTHAPALLI VILLAGE, ROMPICHERLA MANDALPALNADU DISTRICT-522617
...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, ,Rep. by its Public Prosecutor,High Court of Andhra Pradeshat Amaravathi.
...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. KALE VIJAYA RAJU Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
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Dr.YLR, J
Crl.P.No.4650 of 2026
Dated 22.06.2026
ORDER:
The Criminal Petition has been filed under Sections 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.5 for granting of pre-arrest bail in connection with Crime No.67 of 20240 of Rompicherla Police Station, Palnadu District registered for the alleged offence punishable under Sections 324 and 509 read with 34 of Indian Penal Code, 1860 (for brevity ‘the I.P.C’). 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. The case of the prosecution is that, due to previous disputes between the complainant's family and certain villagers, the accused formed an unlawful assembly on 11.05.2024 at about 9:30 P.M. at Kothapalli Village, Rompicherla Mandal, and attacked the complainant, Battula Yasoda. Accused Moghal Roshini allegedly abused her in filthy language and struck her on the head with an axe handle, while the other accused assaulted her with sticks and stones, causing injuries. When her brother-in-law, Battula Koteswara Rao, intervened to rescue her, he was also attacked and sustained bleeding injuries after being bitten on his fingers by Accused Padma. The accused further assaulted the complainant's family members until the neighbours intervened and dispersed them. The injured were shifted to the Area Government Hospital, Narasaraopet, for treatment. Based on the statement of the complainant, the police registered the FIR and took up investigation. 3
Dr.YLR, J
Crl.P.No.4650 of 2026
Dated 22.06.2026
4. Sri Kale Vijaya Raju, the learned counsel for the petitioner submits that the Petitioner/Accused No.5 is innocent and has been falsely implicated due to long-standing rivalry between the families of the petitioner and the de-facto complainant. It is contended that the ingredients of Section 326 of ‘the I.P.C.,’ are not attracted against the petitioner and, except for the said provision, the remaining offences are punishable with imprisonment below seven years. It is further submitted that Accused No.1 has already been granted anticipatory bail and Accused No.2 to 4 have been released on regular bail, and therefore the petitioner is also entitled to the same relief on the ground of parity. The investigation has been completed, the material witnesses have been examined, and custodial interrogation of the petitioner is no longer necessary. The petitioner undertakes to cooperate with the investigation and abide by any conditions imposed by this Court. Learned counsel also submits that, since 2024, there has been no substantial progress in the investigation.
Except for the petitioner, all the other accused have already been enlarged on bail. In these circumstances, it is prayed that this Court may be pleased to grant pre- arrest bail to the petitioner. 5. Per contra, Sri K.Sandeep, learned Assistant Public Prosecutor vehemently opposed granting of pre-arrest bail contending that the investigation is at a nascent stage and the custodial interrogation of the Petitioner is imperative for eliciting material facts. It is submitted that the petitioner has been absconding since 2024, due to which the investigating agency has been unable to proceed further with respect to the role allegedly
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Dr.YLR, J
Crl.P.No.4650 of 2026
Dated 22.06.2026 played by the petitioner. It is further submitted that if the Petitioner is granted pre-arrest bail, there is a grave apprehension that he may not cooperate with the investigation and may evade the process of law. 6. It is further urged that the prosecution also apprehends that the Petitioner may influence witnesses or tamper with evidence, thereby obstructing the fair and impartial investigation. In view of the seriousness of the allegations and the potential risk to the integrity of the investigation, it is prayed that the instant bail application be dismissed. 7. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 8. In the light of the case of the prosecution and the contentions of the
learned Counsel for both the sides, now the point for consideration is:
“Whether the Petitioner is entitled for grant of pre-arrest bail?”
9. As seen from the record, specific overt acts are attributed to the Petitioner/Accused No.5. The allegation against the petitioner is that she threw a cement brick at the right leg of the de-facto complainant, causing grievous injury, and also assaulted the de-facto complainant's brother-in-law on his fingers, resulting in bleeding injuries. In view of the specific allegations levelled against the petitioner, this Court is not inclined to grant pre-arrest bail as it would amount to granting protection or shield to the persons against whom specific allegations are levelled, as per the judgments of the Hon’ble Apex
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Dr.YLR, J
Crl.P.No.4650 of 2026
Dated 22.06.2026 Court in Gurbaksh Singh Sibbia v. State of Punjab1 and Sushila Aggarwal v. State (NCT of Delhi)2. Hence, the Criminal Petition is dismissed.
10. In the result, the Criminal Petition is dismissed.
_________________________ DR. Y. LAKSHMANA RAO, J Date: 22.06.2026 KMS
Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No
1 (1980) 2 SCC 565 2 (2020) 5 SCC 1
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Dr.YLR, J
Crl.P.No.4650 of 2026
Dated 22.06.2026 219 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL PETITION NO: 4650/2026
Date: 22.06.2026 KMS