APHC010656872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

FRIDAY,THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12605/2025 Between:

Varla Naresh and Others ...PETITIONER/ACCUSED(S)

AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):

1. D PURNA CHANDRA REDDY 2. D PURNACHANDRA REDDY Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

ORDER:

The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to enlarge the Petitioners/Accused Nos.1 and 2 on bail in Crime No.72 of 2025 of Vijayapuram Police Station, Chittoor District, registered against the Petitioners/Accused Nos.1 and 2 herein for the offence punishable under Section 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’).

2. Sri D. Purna Chandra Reddy, learned counsel for the petitioners, submits that the petitioners are innocent and have not committed any offence. They have been falsely implicated in this case. They are law-abiding citizens and have a fixed place of abode. They are ready to abide by any conditions imposed by this Court. The petitioners belong to the ST community. It is further submitted that the de-facto complainant and others abused the 2nd respondent in the name of his caste, beat him, and tied him to a pole. Despite lodging a report, the police did not take any action. Hence, he prays to enlarge the petitioners on bail.

3. Per contra, Ms. P. Akhila Naidu, learned Assistant Public Prosecutor, submits that there are eye-witnesses to the incident. So far, only twelve witnesses have been examined. The wound certificate is still pending. Accused No.1 attacked the de-facto complainant and his wife with a broken beer bottle and caused severe bleeding injuries. Hence, it is urged to dismiss the petition.

4. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the record.

5. As seen from the record, it is the allegation of the de-facto complainant that Accused No.1 beat the de-facto complainant with a broken beer bottle on his back and shoulder, causing severe bleeding injury. When he tried to ward off the blows with his right hand, he sustained bleeding injuries to the fingers of his right hand. The wife of the de-facto complainant, who attempted to intervene and protect him, was also stabbed by Accused No.1 with the broken beer bottle on her right hand, resulting in bleeding injuries to her fingers. Accused No.2 had allegedly beaten the de-facto complainant and his wife with his hands and legs. The remaining accused are stated to have cooperated with the petitioners.

6. Considering the facts and circumstances of the case, the gravity and nature of the allegations levelled against Petitioner No.1/Accused No.1, this Court is not inclined to grant bail to Petitioner No.1/Accused No.1 at this juncture, as the investigation is at a crucial stage and the wound certificates are yet to be received. Hence, the petition, insofar as it relates to Petitioner No.1/Accused No.1, is dismissed.

7. Considering the alleged role played by Petitioner No.2/Accused No.2 and the veracity of the allegations, this Court is inclined to enlarge Petitioner No.2/Accused No.2 on bail.

8. In the result, the Criminal Petition is partly allowed with the following conditions:

i. The Petitioner No.2/Accused No.2 shall be enlarged on bail subject to her executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties each for the like sum each to the satisfaction of the learned Judicial First Class Magistrate, Nagari.

ii. The Petitioner No.2/Accused No.2 shall appear before the Station House Officer, Vijayapuram Police Station, Chittoor, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by