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2025 Supreme(Online)(AP) 12318

HIGH COURT OF ANDHRA PRADESH
K. SREENIVASA REDDY, J
Suresh Kumar Pusarla – Appellant
Versus
The State of Andhra Pradesh – Respondent
CRIMINAL PETITION NO: 5798 OF 2025



Advocates:
For the Appellants/Petitioners: SRAVAN KUMAR NAIDANA
For the Respondents: PUBLIC PROSECUTOR

Anticipatory bail can be granted based on cooperation with investigations and prior legal proceedings impacting the case.

Headnote:The Criminal Petition under Section 482 of the BNSS sought anticipatory bail for petitioners in Crime No.87 of 2025, concerning alleged assault. The court found previous legal matters impactful and determined that anticipatory bail could be granted given the petitioners' cooperation with ongoing investigations. The petition was ultimately allowed, permitting the petitioners to secure bail under set conditions.

Table of Content
1. circumstances of the case including charges against petitioners. (Para 1 , 2)

The Criminal Petition, under Section 482 of the BNSS , is filed on behalf of the petI'tiOnerS herein/A1 & A2 to grant anticipatory bail in connection with crime No.87 of 2025 of Parvathipuram Town Police Station, Parvathipuram Manyam District, registered for the offences Punishable under Sections 74, 79,115(2), 324(2), 351(2) r/w 3(5) of BNS.

2. Case of the prosecution is that on 12.05.2025 at about 16.45 hours, the defacto complainant was proceeding to her house and when she reached in front of house of the A2, keeping the old rivalries in mind, the petitioners/Al and A2 started scolding her in filthy language. The i_ -a defacto complainant questioned about their actions and was recording video with her mobile. Then both the petitioners/Al and A2 pounced upon her, grabbed her phone and thrashed the same on the road, later the petitioner No.2 dragged her by holding her hair, the petitioner No.1 beat her with hands and kicked with legs and threatene.d her with dire consequences.

3. Heard. Perused the record.

4. The learned counsel for the petitioners submits that based on the same set of facts, earlier, a case had been registered as crime No. 4o of 2025 at the Parvathipuram Town Police Station on 07.03.2025. ln connection with that case, crl.M.P. No. 30 of 2025 was filed by petitioner No. 1 herein/Al before the ll Additional District and Sessions Judge, Parvathipuram, and the learned Judge granted anticipatory bail to petitioner No. 1 herein/Al on executing a personal bond for Rs. 25,000/-

with two,sureties, by order dated 17.04.2025. In the said crime, in a quash petition Crl.P.No. 5127 of 2025 filed by petitioner No.1/A.1, this court disposed of the said petition vide order dated o7.05.2025, directing the station House Officer, Parvathipuram Police Station, Parvathipuram Manyam District, to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita , 2023.. Subsequently, the defaCto complainant filed the present complaint alleging-that on 12.05.2025`, the petitioners beat her with leg, dragged her on to the road holding her hair and as a result, there was bleeding from her mouth.

5. lt is submitted that Petitioner No.1 is an Advocate, and there are disputes between petitioners and husband of defacto complainant with regard to a common wall between house of petitioners and the husband TgFEf5g of defacto complainant a{ the time of purchasing the sajc! house, and also with regard to raids conducted by various departments on the Kirana shop of defacto complainant, and only to settle the scores, the Present Case iS foisted. lt iS Submitted that the petitioners will co-operate with the investigation. In view of the aforesaid facts and circumstances of the case, this Court is inclined to consider request of petitioners for grant of anticipatory bail.

6. Accordingly, in the event of their arrest, petitioners herein/Al and A2 shall be released on bail on each of them executing a personal bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties each for the like sum to the satl-sfaction of the arresting police officials, ~and also on condition that the pet]-tioners shall make themselves available for investigation as and when required and that they shall not Cause any threat, inducement or promise to the prosecution witnesses.

The petitioners shall report before the station House Officer concerned once in a week on every Sunday, till filing of the charge sheet.

lt is made clear that the petitioners shall scrupulously comply with the above conditions and breach of any of the above conditions will be viewed seriously and prosecution js at liberty to move an app]ica±ion for cancellation of the bail.

7. Accordingly, the Criminal Petition is allowed.

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