APHC010646672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12438/2025 Between:

Gudemcheruvu Nadipi Chowdaiah Alias Nadipi ...PETITIONER/ACCUSED(S)

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

1. T DIWAKAR REDDY Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR The Court made the following:

ORDER:

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.4, 6 and 7 on bail in Crime No.320 of 2025 of Jammalamadugu (U/G) Police Station, YSR District, registered against the Petitioners/Accused Nos.4, 6 and 7 herein for the offences punishable under Sections 191(2), 191(3), 115(2) and 118(1) read with 190 of the Bharatiya Nyaya Sanhita, 2023.

2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record.

3. As seen from the record, the present case in FIR No.320 of 2025 was registered against the petitioners and the other accused for the offence of causing grievous hurt. It is noted that the brother of Petitioner No.2 and the son of Petitioner No.3 is the deceased in a case registered at the instance of Accused No.1/de-facto complainant in FIR No.319 of 2025. Thus, the case in Crime No.319 of 2025 is relating to the death of the relative of Accused No.1 in Crime No.320 of 2025, thus it is a case and counter-case.

4. The allegation against the present petitioners/Accused Nos.4, 6 and 7 is that they, particularly Petitioner No.1, beat L.W.2 with a stick and caused a grievous injury. Petitioner Nos.2 and 3 are also alleged to have beaten L.W.2. However, L.W.2 sustained only one grievous injury. The petitioners were arrested on 03.11.2025 and have been in judicial custody for the past 36 days. In the remand report, the investigating officer stated that the petitioners were arrested to prevent them from committing further offences and to ensure that they did not induce, threaten, or otherwise interfere with the complainant or other witnesses during the course of investigation. The FIR in Crime No.319 of 2025 was registered on 10.05.2025, whereas the petitioners were arrested on 03.11.2025. During the interregnum period of more than five months between registration of the FIR and their arrest, there were no reports from the de-facto complainant or the injured, or any witnesses alleging that the petitioners or any other accused had threatened the victims or repeated the offence. The root cause of the dispute between the petitioners’ group and the de-facto complainant’s group appears to be the issue relating to water from the cow dung pit flowing in front of the complainant’s house, both parties claiming rights over the disputed property. L.Ws.2, 5 and 6 are stated to have suffered grievous injuries. Petitioner No.2 is alleged to have caused a grievous injury to L.W.2. However, L.Ws.5 and 6 did not sustain their injuries at the hands of the petitioners.

5. The learned counsel for the petitioners submits that wife of the Petitioner No.2 is a full pregnant. It is also submitted that the wife of the deceased in FIR No.319 of 2025 has recently delivered. There are no main persons in the family to take care of the lactating mother and baby and also the full pregnant. So far, eight witnesses are examined. They are all material witnesses. Substantial portion of the investigation with respect to the alleged role played by the petitioners concerned, is completed. If the petitioners are enlarged on bail with stringent conditions, they may not evade from the process of law and indulging in repetition of the offences. The petitioners are permanent residents of Bommepalli Village, Jammalamadugu Mondal, YSR Kadapa District. They h