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2025 Supreme(Online)(AP) 13195

HIGH COURT OF ANDHRA PRADESH
DR. Y. LAKSHMANA RAO, J
SARASAMMA ALIAS POTU SARASWATHI – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
CRIMINAL PETITION NO: 8505/2025



Advocates:
For the Appellants/Petitioners: N RAVI PRASAD
For the Respondents: PUBLIC PROSECUTOR

The court ruled that pre-arrest bail was denied due to the serious nature of the allegations and evidence indicating the petitioners' involvement in the crime.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Bharatiya Nyaya Sanhita, 2023 - Sections 109(1), 115(2) - Pre-arrest bail application - Petitioners alleged to have assaulted de-facto complainant’s husband resulting in his death - Charges amended post mortem - Petitioners contend false implication and request for bail. (Paras 1-14)

(B) Provisions pertaining to Pre-arrest Bail - Court’s discretion to evaluate allegations and evidence presented before it - Importance of gravity of charges and likelihood of committing further offences if released. (Para 14)

Facts of the case:
The Petitioners were accused of participating in a violent altercation resulting from a land dispute, leading to grievous injuries and subsequent death of the complainant’s husband. They allege prior attack by the complainant's party justifying their presence near the scene.

Findings of Court:
The evidence indicated direct involvement of the Petitioners; allegations not solely omnibus but specific roles attributed, thereby denying the bail application due to severity of the charges.

Issues: The main issue was whether the Petitioners are entitled to pre-arrest bail given the charges against them and evidence suggesting their involvement in the crime.

Ratio Decidendi: The court found no merit in the bail application given the gravity of allegations, presence of the Petitioners at the scene, and specific overt acts attributed against them.

Result: The Criminal Petition is dismissed.

Table of Content
1. overview of the violent incident leading to charges. (Para 2 , 3)
2. arguments for and against pre-arrest bail. (Para 4 , 5)
3. court's analysis of the evidence presented. (Para 6 , 8 , 13)
4. decision on the bail application. (Para 14 , 16)

ORDER:

The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNS S ’) by the Petitioners/Accused Nos.7 to 11 for granting of pre-arrest bail in connection with Crime No.16 of 2025 of Thalluru Police Station, Prakasam District, registered for the alleged offences punishable under Section s 109 (1), 115(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS ’).

CASE OF THE PROSECUTION:

2. The case of the prosecution is that on 22.03.2025 at 05:00 hours, at Sivarampuram Village, Thalluru Mandal, a violent incident occurred arising out of a pre-existing land dispute between the family of the complainant and the accused group. The matter was formally reported to the police station at 13:00 hours, pursuant to hospital intimation and the statement of the complainant, Smt. Potu Chiranjeevi. On the preceding night, i.e., on 21.03.2025 at around 21:00 hours, accused persons viz., Potu Seethaiah (A1), Potu Venkatarao (A2), Kotaiah (A3), Srinu (A4), Venkatarao (A5), and others, in furtherance of a common intention, picked up a quarrel with Potu Srinu, a relative of the complainant. Upon witnessing the altercation, the complainant, her husband Veeranjaneyulu, and one Kotaiah intervened to rescue Potu Srinu. During the said intervention, accused persons physically assaulted Kotaiah, causing a bleeding injury to his head. Thereafter, the complainant and her husband were also assaulted by the accused using hands and legs.

3. Subsequently, in the early hours of 22.03.2025, the accused persons, bearing prior enmity and with premeditated intent, summoned additional individuals, namely Potu Pedda Gopi (A6), Sarasamma (A7), Adilakshmi (A8), Narayanamma (A9), Nandini (A10), Jyothi (A11), Pothu Raju (A12), Kittaiah (A13), and Rathamma (A14). All fourteen accused persons, in furtherance of a common object, unlawfully entered the complainant’s residence and assaulted Eswaramma, the complainant’s daughter-in-law. During the said attack, accused No.6/Potu Pedda Gopi inflicted grievous injuries upon Veeranjaneyulu by striking his head with an iron rod, resulting in profuse bleeding and loss of consciousness. The accused further assaulted him on other parts of the body. Following the incident, the complainant, with assistance from her relatives, shifted her husband Veeranjaneyulu to Sneha Hospital, Ongole, and subsequently to Upas Hospital, Ongole, for advanced medical treatment. As the injured Veeranjaneyulu remained unconscious, the complainant furnished her statement to the police, requesting initiation of legal proceedings.

CONTENTIONS OF THE COUNSEL FOR THE PETITIONERS:

4. Sri N.Ravi Prasad, learned Counsel for the Petitioners, submits that the Petitioners have not committed any offence. They were falsely implicated in this case. They are ready to abide any conditions to be imposed by this Court. It is further argued that prior to the present alleged incident, the Petitioners were attacked by the complainant and others, a report was lodged in connection with that attack, but FIR was registered as a case in Cr.No.17/2025 after registration of the present FIR. The prime Accused No.6 was enlarged on regular bail. All the Petitioners are women, residents of Prakasam District, went to see Accused Nos.1 to 3, who were hospitalized in Vijayawada because of the attack of the complainant and her other followers. There was no pre-planed thought or action on the part of the accused, it was a sudden provocation, Accused No.6 gave a blow on Veeranjaneyulu resulting his death later. It is urged to grant pre-arrest bail to the Petitioners/Accused Nos.7 to 11.

ARGUMENTS OF THE STATE:

5. Per contra, Ms. P.Akila Naidu, the le

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