Anticipatory bail granted under Section 438 considering lack of specific involvement amidst civil disputes.

IN THE HIGH COURT-OF ANDHRA PRADESH AT AMARA MONDAY, THE THIRTIETH DAY OF JUNE, TWO THOUSAND AND TWENTY FIVE :PRESENT.I THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY tirfe CRIMINAL PETITION NO.I 5997 OF 2025 Between i

1. KothapaIII' Saikumar, (A3), S/o KothapaIIi Venkata Ramana Rao, aged about 31 years, agricultl±r§D-in.iR/o.D.No.5-12-32, Nageswara Rao Street, Peddapuram,Kakinada District, AP -533437.

2. Ithe Mery, (A4), W/o lthe Srindarrao, aged about 48 years, D.No.8-6-15, \ I-

Paathamaala palfim, Paathapeddapuram, Kakinada DI-Strict, AP -

533437.

...Petitioner/Accused No.3 & 4 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of •- -`#\1 Andhra Pradesh, Amaravati.

J` i ...Respondents Petition under Section 438 of Cr.P.C., & New Section 482 of BNSS , 2023, is filed praying that in the circumstances stated in the grounds filed in support Of the Criminal Petitiom, the High Court may be pleased to grant anticipatory bail to the Petitioners/Accused No.3 & 4 in the event of his arrest in connection with FIR No.144.of`2025 dated: 27.04.2025 under Sections 109(1l),+3(5) BNS on the file of P6ddapuram police Station, Kakinada District.

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lA No:'1 OF2025 petition under section 452--of Cr.P.C & New Section 528 of BNSS , I 'r

2023, is filed praying that in {he'6ifcumstances stated in the affidavit filed l'n support of the petition, the High tCourt may be pleased to grant interim direction bail to the Petitioners/Accused No.3-& 4 in the event of his arrest in connection with FIR No. 144 of 2025 dated: 27.04.2025 under Sections `._: 1 -i--:.~=:

109(1), 3(5) BNS on the file of Ped.dapuram Police Station, Kakinada District., pending disposal of CRLP 5997 of 2025, on the file of the High Court.

The petition coming on`for hearing, upon perusing the petition and the • €~.8. i grounds filed in support thereof and upon hearing the arguments of i.i i ,._I i.-?

Sri Venna Kalyan Chakravarthi, Advocate for the Petitioners and of Public .-ty|. ..-3-

Prosecutor for Respondent, the Court made the following * \ /I. ' \

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 5997 OF 2025 ORDER:

The Criminal Petition, under section 482 of the Bharatiya Nagarik Suraksha Sanhl'ta, 2023, is filed on behalf of the petitioners/A3 and A4 to grant anticipatory bail in connection with crime No.144/2025 of Peddapuram Police Station, Kakinada District.

2. A case has been registered against the petitioners and others for the offences punishable under sections 109(1 ) read with 3(5) of B.N.S.

3. Case of the prosecution, in brief, is that, on 27.4.2025 atabout 1.00 pm, the defacto complainant gave a report to polI'Ce Stating that the land to an extent of Ac.2.54 cents in Sy.No.234/2 situated at the outskirts of old Peddapuram belongs to Bikkina Visweswara Rao, which was purchased by the de facfo complainant and he is cultivating the same and there are some civil disputes regarding the said land with Smt.Thalleti Krishnaveni. While so, on the intervening night of 26/27-04-2025, when the de facto complainant went to harvest the wheat, the petitioners and other accused criminally trespassed into the said land and obstrricted the harvesting machine and subsequently A2 hacked on the back of the de facto complainant and caused bleeding inJ'ury. Hence, the report.

4. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for respondent-state. perused the record.'

5. Learned Assistant Public Prosecutor submits that investigation is going on and some more witnesses are to be examined.

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6. A perusal of the ma.terial available on record goes to show that the accusation that has been made is that the petitioner No.1 is alleged to have beaten the defacto complainant and in re