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2026 DAILYLAW 9005 (AP)

Garikana Vara Prasad alias Chinna v. The State of Andhra Pradesh

CRLP/6652/2026 · 2026-08-24

Y Lakshmana Rao

body2026

Judgment text

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APHC010404952026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 25th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6652/2026 Between: 1. GARIKANA VARA PRASAD ALIAS CHINNA, S/O KAASI RAO,AGED ABOUT 26 YEARS,OCCUPATION FISHERMAN,R/O VADAREVU VILLAGE,CHIRALA MANDAL,BAPATLA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE STATION HOUSE OFFICER,CHIRALA RURAL POLICE STATION EPURUPALEM,BAPATLA DISTRICT,REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. PIKKI KALYANA CHAKRAVARTHI, S/O APPARAO,AGED ABOUT 33 YEARS,R/O VADAREVU VILLAGE,CHIRALA MANDAL,BAPATLA DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. MAGANTI SAI KRISHNA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. KURAVATI LENIN BABU The Court made the following: 2 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 No.1 for granting of pre-arrest bail in connection with Crime No.123 of 2026, dated 12.03.2026 of Chirala Rural (Epurupalem) Police Station, Bapatla District, registered for the alleged offence punishable under Sections 118(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. Mr.Maganti Sai Krishna, the learned counsel for the Petitioner, submits that the Petitioner is innocent of the alleged offence and has been falsely implicated by the police. He is a law abiding citizen and the sole breadwinner of the family. It is further submitted that there are no specific overt acts attributed against the Petitioner/Accused No.1, and that Accused Nos.2, 3 and 5 have already been enlarged on regular bail. 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 pre‑arrest bail, there is a strong likelihood that he may abscond, thereby hampering the ongoing investigation and evading the process of law. Hence, it is urged to dismiss the Criminal Petition. 3 4. Mr.K.Lenin Babu, learned Legal Aid Counsel for Respondent No.2, argued on the same lines as the learned Assistant Public Prosecutor and urged dismissal of the Criminal Petition. 5. Heard the learned counsel for the Petitioner, the learned Assistant Public Prosecutor and the learned legal aid counsel for the Respondent No.2. Perused the record. 6. On perusal of the record, it is seen that the Petitioner, along with other accused, having entertained common intention, allegedly beat the de‑facto complainant and caused grievous injuries. The de‑facto complainant suffered grievous injuries at the hands of the Petitioner and other accused. 7. In view of the specific accusation attributed against the Petitioner, this Court is not inclined to grant pre-arrest bail to the Petitioner, as it would amount to giving a shield, or protection or license to the Petitioner, as per the judgments of the Hon’ble Apex Court in Gurbaksh Singh Sibbia v. State of Panjab1 and Sushila Aggarwal v. State of (NCT of Delhi)2. Hence, this Criminal Petition is liable to be dismissed. 8. In the result, the Criminal Petition is dismissed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 25.08.2026 PRA 1(1980) 2 SCC 565 (2020) 5 SCC 1 4 160 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.6652 of 2026 Date: 25.08.2026 PRA