THE HON’BLE JUSTICE Dr. V.R.K.KRUPA SAGAR CRIMINAL PETITION No.7402 of 2024

ORDER:

This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is filed by the petitioner/A.2 seeking anticipatory bail in connection with Crime No.120 of 2024 of Inkollu Police Station, Bapatla District, registered for the offence punishable under Section 118(1) read with 3(5) of BNS.

2. Heard arguments of Sri A.Vivekananda, the learned counsel for the petitioner and the learned Assistant Public Prosecutor for respondent No.1-State and Sri S.Satyanarayana Moorthy, the learned counsel for respondent No.2/de facto complainant.

3. Perused the record.

4. F.I.R. in this case was registered on 04.07.2024. There are two accused. The present petitioner is A.2. Initially, he filed Criminal Petition No.6005 of 2024 and sought pre-arrest bail. By order dated 15.10.2024 the prayer was declined. The second bail petition is moved by the petitioner.

5. According to the learned counsel for the petitioner, the petitioner is innocent and civil disputes between the victim and this petitioner is the cause of the present case. Learned counsel for the petitioner argued that the petitioner is permanent resident of the address which is seen in the police records and he has always been available and on 22.11.2024 he even addressed a letter to the Station House Officer making it clear that he is ready to join the investigation. This fact is not disputed by the prosecution.

6. Sri S.Satyanarayana Moorthy, the learned counsel for respondent No.2/de facto complainant vehemently opposed the prayer saying that the victim in this case suffered fractures and this Court on merits dismissed the earlier petition and there are no change of circumstances so as to reconsider the prayer.

7. Stating about the investigative progress, the learned Assistant Public Prosecutor for respondent No.1-State submits that eight material witnesses were examined and material objects were collected and they were forwarded to RFSL and only thing remained is receipt of scientific and technical reports to conclude the investigation.

8. A perusal of the record indicates that this petitioner and his co-accused together were aggrieved of the alleged conduct of the de facto complainant in sending journalists to their business premises and keeping that as a grouse they allegedly attacked him and using sticks caused injuries to him leading to fractures on hand. One fact that is not in dispute is that prior to crime incident on 03.07.2024 there was O.S.No.212 of 2021 filed by the petitioner against the de facto complainant with reference to certain transactions between them. As argued by the learned counsel for the petitioner at the time when the bail petition was considered, the investigation was at its nascent stage and now the investigation is almost completed.

9. Considering the above facts and circumstances, this Court is of the considered opinion that any custodial interrogation does not seem necessary. Hence, prayer is granted.

10. In the result, this Criminal Petition is allowed in the following terms:

1. The petitioner is directed to join the investigation.

2. In the event of arrest of the petitioner herein/A.2, he shall be enlarged on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the concerned investigating officer.

3. The petitioner shall mark his attendance before the investigating officer on 1^st and 15^th of every month between 10.00 AM and 1.00 PM for a period of three months or till filing of the charge sheet whichever is earlier.

4. The petitioner shall make himself available for investigation by a police officer as and when required.

5. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or to any police officer.

6. The petitioner