The court denied anticipatory bail due to lack of changed circumstances since the earlier dismissal.

The instant petition under Section 438 of Code of Criminal Procedure , 1973 has been filed by the Petitioner/Accused No.1, seeking anticipatory bail in connection with Crime No.387 of 2023 of II Town Police Station, Chittoor, which was registered for the offences under Sections 363 , 326, 323 and 506 read with 34 of Indian Penal Code .

2. The case of the prosecution, in brief, is that on 27.12.2023 at about 8.30 p.m., the Accused restrained the De facto complainant near Vinayaka Temple, Ramnagar Colony, Chittoor restrained and kidnapped him in an Auto, took him to Gangadhara Nellore and assaulted him. Petitioner/Accused No.1 beat the De facto complainant with a rod on his right eye and caused bleeding injury.

Accused Nos.2 to 4 and others beat him with hands and caused bleedings injuries on his lips, left and right shoulders and also threatened him.

3. Learned counsel for the Petitioner/Accused No.1 would submit that the Petitioner underwent surgery, steel rods were inserted and it is not possible for the Petitioner to involve in this case. Learned counsel would further submit that the father of the Petitioner has been suffering from heart ailment.

Petitioner will abide by any condition that may be imposed by this Court and ready to furnish sureties to the satisfaction of the Court.

4. Learned Assistant Public Prosecutor would submit that the earlier application filed by the Petitioner in Criminal Petition No.751 of 2024 seeking anticipatory bail was dismissed on 06.03.2024 on the ground that grant of anticipatory bail may adversely impact the ongoing investigation and custodial interrogation is necessary to extract the information with regard to the alleged offences. There are no change of circumstances from the date of dismissal of the earlier application filed for anticipatory bail.

5. Now the point for determination is:

Whether there are any change of circumstances from the date of dismissal of the earlier application filed for anticipatory bail?

6. This is a second application seeking anticipatory bail. As seen from the material placed on record and the Case Diary, the present case has been registered against Accused Nos.1 to 4 initially for the offences under Sections 363 , 324, 323 and 506 read with 34 IPC when they assaulted and the injured after kidnapping him and caused bleeding injuries by beating him with an iron road by the Petitioner/Accused No.1 and with hands by the other Accused. Later, after getting the wound certificate of the injured, Section of Law was altered to Sections 363 , 326, 323 and 506 read with 34 IPC.

7. Case Diary further reveals that some more crucial witnesses are to be secured by the Investigating Officer. In that view, as rightly put by the learned Assistant Public Prosecutor, there is no change of circumstances from the date of dismissal of the earlier application till this day. Therefore, the petition deserves dismissal.

8. Accordingly, the criminal petition is dismissed.