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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y. LAKSHMANA RAO
Manohar Reddy a – Appellant
Versus
State of Andhra Pradesh – Respondent
Y. LAKSHMANA RAO, J.
1. Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNS S ’), seeking to enlarge the Petitioners/Accused Nos.1 to 10 on pre-arrest bail in Crime No.125 of 2025 of Bukkarayasamudram Police Station, Ananthapuram District, registered against the Petitioners/Accused Nos.1 to 10 herein for the offences punishable under Sections 118 (2) read with 3(5) of Bharatiya Nyaya Sanhita 2023 (for brevity ‘the BNS ’).
2. The facts in brief, as presented by the prosecution, are that on 09.07.2025 at 8:30 p.m., at Chennampalli Village, an incident occurred which was reported at the police station on 10.07.2025 at 1:30 a.m. It is alleged that Accused Nos.1 to 10 went to the Shirdi Saibaba Temple, where the complainant and his associates were engaged in decorating the temple and making arrangements for devotees in view of the Guru Pournami celebrations. The accused allegedly obstructed the complainant from proceeding with the Guru Pournami pooja. With the intention to disrupt the program, all the accused allegedly attacked the complainant and his associates with sickles and sticks and caused bleeding injuries
The court emphasized that pre-arrest bail cannot be denied based on vague, omnibus allegations lacking specific overt acts attributed to each accused.
Pre-arrest bail may be granted if allegations are unsubstantiated and cooperation with the investigation is assured.
Court grants pre-arrest bail under strict conditions, emphasizing cooperation in ongoing investigations.
Pre-arrest bail can be granted to relatives accused of harassment based on assessed risks, while a spouse may be denied bail due to serious allegations.
The absence of guilty intent concerning culpable homicide was emphasized, leading to the grant of pre-arrest bail and regular bail under specific conditions.
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