Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010303042026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 30th DAY OF JUNE 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4789/2026 Between: 1. KAKKALA MANI BABU, S/O. KAKKALA RAMA RAO,GUNTAPALLI, VISAKHAPATNAM,ANDHRA PRADESH531126PETITIONER/ACCUSED NO.2 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 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.2 for granting of pre-arrest bail in connection with Crime 2 Dr.YLR, J Crl.P.No.4789 of 2026 Dated 30.06.2026 No.95 of 2026 of Payakaraopeta Police Station, Anakapalli District registered for the alleged offences punishable under Sections 126(2), 118(1) and 351(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. The case of the prosecution, in brief, is that due to a dispute over the removal of materials from the complainant's land, a quarrel ensued between the complainant and the accused on 12.04.2026. On the following morning, the accused allegedly wrongfully restrained the complainant's son near the agricultural field and assaulted him with sticks, causing bleeding injuries on various parts of his body. It is further alleged that the accused left the injured near his house after the assault and criminally intimidated the complainant with dire consequences when questioned. The injured was shifted to the Government Hospital, Tuni, for treatment. 4. Mr. Kakumanu Joji Amrutha Raju, learned Counsel for the Petitioner/Accused submits the Petitioner is innocent, has been falsely implicated, and has no role whatsoever in the alleged offences. It is contended that the allegations in the complaint arise out of a financial dispute between the de-facto complainant and Accused No.1, and that the Petitioner has been implicated merely because he is the brother of Accused No.1, without any specific overt acts being attributed to him. The learned Counsel further submits that the allegations against the Petitioner are omnibus in nature and 3 Dr.YLR, J Crl.P.No.4789 of 2026 Dated 30.06.2026 are intended only to harass and exert pressure on Accused No.1. It is also submitted that the Petitioner is a law-abiding citizen, will cooperate with the investigation, will not abscond, and is willing to abide by any conditions that may be imposed by this Court. The learned counsel for the Petitioner further submits that the alleged offences are punishable with imprisonment for a term of less than seven years. Therefore, it is prayed that a direction be issued to the Investigating Officer to issue a notice to the Petitioner as contemplated under Section 35(3) of ‘the BNSS.,’ instead of effecting his arrest, and consequently, to grant pre-arrest bail to the Petitioner. 5. Per contra, Sri A. Sai Rohit, 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 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. The learned Assistant Public Prosecutor further submits that the victim sustained grievous injuries at the hands of the Petitioner and the other accused. It is further submitted that the Investigating Officer is proposing to alter the provision of law by incorporating Section 118(2) of ‘the BNS.,’ in the case. 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 4 Dr.YLR, J Crl.P.No.4789 of 2026 Dated 30.06.2026 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, the father of the injured victim (L.W.2) lodged a complaint alleging that the Petitioner/Accused No.2, along with Accused No.1, assaulted his son with an intention to do away with him, causing grievous injuries, including a fracture to his left arm. The request of the Petitioner to direct the Investigating Officer to follow the procedure contemplated under Section 35(3) of ‘the BNSS.,’ cannot be acceded to, as the material collected during the course of the investigation prima facie discloses the commission of an offence punishable under Section 118(2) of ‘the BNS’. In view of the specific allegations and overt acts attributed to the Petitioner/Accused No.2, 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 Court in Gurbaksh Singh Sibbia v. State of Punjab1 and Sushila Aggarwal v. State (NCT of Delhi)2. Hence, the Criminal Petition is dismissed. 1 (1980) 2 SCC 565 2 (2020) 5 SCC 1 5 Dr.YLR, J Crl.P.No.4789 of 2026 Dated 30.06.2026 10. In the result, the Criminal Petition is dismissed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 30.06.2026 KMS Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 Dr.YLR, J Crl.P.No.4789 of 2026 Dated 30.06.2026 101 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 4789/2026 Date: 30.06.2026 KMS