2025 Supreme(Online)(AP) 12293
HIGH COURT OF ANDHRA PRADESH
KIRANMAYEE MANDAVA, J
Venna Vijaya Chakravathi – Appellant
Versus
The State of Andhra Pradesh – Respondent
Man Criminal Petition No: 5102 of 2025
For the Appellants/Petitioners: SRI T ARUNACHALAM
For the Respondents: Assistant Public Prosecutor
Anticipatory bail may be granted when allegations arise from duties performed as an advocate, with conditions ensuring cooperation in legal proceedings.
Headnote:This petition under Section 482 of B.N.S.S seeks anticipatory bail in relation to FIR No. 144 of 2025 due to allegations arising during the execution of a civil warrant. The petitioner argues that the accusations stem from a civil dispute. The court found no intention to flee, allowing bail with conditions for cooperation and court appearances, ensuring no threat to the prosecution witnesses. The final order grants bail under specified conditions.
| Table of Content |
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| 1. petitioner seeks bail due to civil disputes. (Para 1 , 2) |
| 2. arguments presented regarding the petitioner's actions. (Para 3) |
| 3. court allows bail under specific conditions. (Para 4) |
ORDER The Court made the following Order:
The present Criminal Petition is filed u der Section 482 of B.N.S.S for grant of anticipatory bail in the event of arrest f the petitioner/accused No.1 in connection with the Crime No.144 of 2025 on the file of the Peddapuram police Station, Kakinada District for the offjnces punishable under Section I )
109(1)) 3(5)ofBNS.
2. The case of the prosecution is that the defacto complainant has lodged a complaint against the petitioner stalting that there is a civil dispute between the Complainat and one Talloju naveni. lt is stated that on 26- 04-2025 at 01.00 hrs, when the defacto at was in his fields and was :n:a::1=d.).a5::a:
harvesting the paddy, the petitioner along th other accused had illegally trespassed into the land and obstructed the d facto complainant in harvesting the crop and attacked the de-facto compI nant, in the result the defacto complainat has sustained injuries. Thus the s bject FIR is lodged against the petitioner and other arraying the petitioner as ccused A-1.
3. The learned counsel for the petitioner argues that the petI-tiOner iS a practicing advocate. Against the defacto Co plainat one Talloju Krishnaveni filed civil suit in O.S.No.5 of 2021 for decl ration of title and delivery of possession. The suit was decreed on 31-07-2024] in connection with {hesaen®L Execution Petition in E.P.No. 5 of 2025 filed against the de-facfo complaint for delivery of possession. In the sai E.P. warrant was executed. ln QaS connection with the same pe±i±ie±aer endorse nt was made in favour of the petitioner to execute the warrant with the help of the Court Ameen and Mandal Surveyor. [n the said process,, the pe{i{ioner along wj{h the plain{jff went to the subject property and handed over the warrant to the defacto complainat. lt is alleged that the de-facfo complainant took the warrant and tore the same and in the process a galata took place between the petitioner. Thus, complainant is stated to have bore a grudge against the petitioner and lodged the present esy*ue* ±
complainant with false allegations. The learned counsel for the petitioner the petitioner has nothing to do with the alleged incident and he was only discharging the duties assigned to him in execution of warrant, further would submit that the petitioner will cooperate with the investigation in all respects.
4. Having regard to the contentions, since the petitioner who is stated to be a practicing advocate in the capacity of an advocate while executing the warrant had entered the subject land. The alleged incident appears to have taken place while the petitioner was discharging his duties as an advocate. ln such case, if any, displeasures occurs against a person who is discharging the duties of an advocate, attributing criminal overt acts on the part of the counsel to the injuries sustained by the defacto complainant is matter for enquiry. However, since it is not the case of prosecution that the petitioner would flee away from the jurisdiction of the court if bail is granted, the Criminal Petition is disposed of with the following conditions:
i. ln the event of the petitioner's arrest, petitioner herein/Accused No.1 shall be released on bail on executing a personal bond for a Sum Of LlL__
Rs.20,000/- (Rupees tiventy thousand only), with two suretl'es for the like sum to the satI'SfaCtiOn Of the Station House Officer, Peddapuram Poll-ce Station, Kakinada District The petitioner shall make himself available for investigation as and when required.
The petitioner shall not cause any threat, inducement or promise to the I-ii.
prosecution witnesses.
The petitioner shall appear before the station House Officer concerned IV.
once in a week i.e., on every Saturday between 10.00 a.m. and 05.00 P.m., till filing of the charge sheet.
Needless t