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2026 DAILYLAW 8920 (AP)

Boya Guruswamy v. The State of Andhra Pradesh

CRLP/6831/2026 · 2026-08-31

Y Lakshmana Rao

body2026

Judgment text

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APHC010415582026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6831/2026 Between: 1. BOYA GURUSWAMY, S/O. LATE ESWARAPPA AGED ABOUT 52 YEARS, OCC AGRICULTURE,R/O. KALEKURTHI VILLAGE, KANEKAL MANDAL,ANANTHAPUR DISTRICT - 515871. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI.THROUGH S.H.O, KANEKAL PS,ANANTAPUR DISTRICT. 2. MADIGA PURUSHOTHAM, S/O. YERRISWAMY,AGED ABOUT 30 YEARS, OCC DRIVER,R/O. KALEKURTHI VILLAGE, KANEKAL MANDAL ANANTHAPUR DISTRICT - 515871. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. K NARSI REDDY Counsel for the Respondent/complainant(S): 1. KARRE SATYANANDAM 2 Dr.YLR, J Crl.P.No.6831 of 2026 Dated 01.09.2026 2. PUBLIC PROSECUTOR 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 for granting of pre-arrest bail in connection with Crime No.76 of 2026 of Kanekal Police Station, Anantapur District, was registered for the alleged offences punishable under Sections 118(1) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Section 3(1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Mr.K. Narsi Reddy, the learned counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and he has been falsely implicated by the Police. It is further submitted that the Petitioner is the sole earning member of his family and, therefore, his incarceration would cause undue hardship to his dependents. The Petitioner undertakes to strictly adhere to any conditions that may be imposed by this Court. Hence, it is urged to allow the Criminal Petition. 3. Per contra, Mr.A.Sai Rohith, the learned Assistant Public Prosecutor, vehemently opposed the grant of pre-arrest bail to the Petitioner, submitting that the investigation is still underway and several material witnesses remain to be examined. It is contended that if the Petitioner is released on anticipatory bail, there is a strong likelihood that he may abscond, thereby hampering the 3 Dr.YLR, J Crl.P.No.6831 of 2026 Dated 01.09.2026 ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petition. 4. Heard the learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record. 5. The learned Counsel for Respondent No.2 submits that Respondent No.2 and the victim have entered into a compromise with the Petitioner. 6. The learned Counsel for the Petitioner submits that the Petitioner/Accused had no intention to cause the alleged injuries to the father of the de facto complainant. 7. The learned Assistant Public Prosecutor submits that the father of the de facto complainant sustained grievous head injuries in the incident. 8. Having regard to the facts and the circumstances of the case, and the compromise entered in between the Petitioner and the Respondent No.2 and the victim, this Court is inclined to grant pre-arrest bail to the Petitioner/Accused, with some stringent conditions. 9. In the result, the Criminal Petition is allowed with the following conditions: i. In the event of his arrest, the Petitioner/Accused shall be enlarged on bail subject to his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for the like sum each to the satisfaction of the arresting police officials; 4 Dr.YLR, J Crl.P.No.6831 of 2026 Dated 01.09.2026 ii. The Petitioner/Accused shall make himself available for investigation as and when required; iii. The Petitioner/Accused shall appear before the Station House Officer concerned once in a week i.e., on every Saturday between 10.00 a.m. and 5.00 p.m., till filing of the Charge Sheet. iv. The Petitioner/Accused shall not leave the limits of the Andhra Pradesh without the express permission from the Station House Officer concerned. v. The Petitioner/Accused shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court. vi. The Petitioner/Accused shall surrender his passport, if any, to the Investigating Officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer. _______________________ DR. Y. LAKSHMANA RAO, J Date: 01.09.2026 KMS 5 Dr.YLR, J Crl.P.No.6831 of 2026 Dated 01.09.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.6831 of 2026 Date: 01.09.2026 KMS