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2024 Supreme(Online)(AP) 22758

APHC010586812024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 9476/2024 Between:

Paila Vinay ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:

1. RAMINENI SUDHEER Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

ORDER:

This Criminal Petition, under Section 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed by the petitioner/A1, seeking regular bail, in Crime No.716/2024 of P.M.Palem Police Station, Visakhapatnam City.

2. A case has been registered against the petitioner and others for the offences punishable u/Sec.109(1), 115(2) read with 3(5) of B.N.S.

3. The case of the prosecution in brief is that the petitioner completed Intermediate om Krishna College. He was addicted to vices and involved in two theft cases and being teenager he was sent to Juvenile Home and later released. He was also involved in a hurt case registered at P.M.Palem police station in July, 2024 and a dacoity case was also filed against him. He spent two months in Central Prison in the month of September, 2024. While attending to his mobile repair work in Daba Gardens, he got acquaintance with a woman namely Vinitha. They exchanged their mobile numbers and developed relationship. On 29.11.2024 at about 5 pm, he noticed Vinitha with another man, riding a motorcycle through Yendada. Later the situation escalated and during altercation the accused threatened to kill the said person namely Sai Reddy. Petitioner tried to contract Vinitha on 04.12.2024 and they met at IT SEZ junction. The petitioner inquired about said Sai Kumar and Vinitha revealed that he was staying at Paramount hotel. At about 9 pm, shortly after, Sai Kumar contracted Vinay, asking him to leave Vinitha, in response the accused threated Sai Kumar to kill him if he interferes with their relationship. Later, accused called his friends namely Bankapalli Bhanu Prakash and Kamapu Siva Kumar and at about 9.30 pm, they devised a plan and lured Sai Kumar to a secluded location where a confrontation took place. During fight, the accused and his friends attacked Sai Kumar with a wooden stick, wherein Sai Kumar was severely injured and collapsed. Later, the petitioner was remanded to judicial custody. Hence the complaint.

4. Heard. Perused the record.

5. There are specific allegations leveled against the petitioner that he assaulted Sai Kumar with the aid of two other persons. When investigation is at threshold and wound certificate is not yet received, unless the complexity of other accused is established, in view of adverse antecedents leveled against the petitioner that he was involved in previous crimes and property offences, if bail is granted to the petitioner, at this stage, there is every likelihood that he may threaten the defacto complainant and other witnesses and hamper the progress of investigation. Hence, this Court is not inclined to grant bail to the petitioner at this stage.

6. Accordingly, the Criminal Petition is dismissed.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

________________________

K. SREENIVASA REDDY, J Dated: 31.12.2024 RD THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY CRIMINAL PETITION No.9476 of 2024 Dated: 31.12.2024 RD

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