ORDER:

The instant petition under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short „BNSS‟) has been filed by the State seeking cancellation of the bail granted to the Respondents / Accused Nos.1 to 4 vide Order dated 23.11.2024 in C.F.No.5594 of 2024 on the file of the Court of Additional Judicial Magistrate of First Class, Nandigama in connection with Crime No. 575 of 2022 of Nandigama Police Station, NTR District for the offences under Sections 120-B, 147, 307, 332, 324 and 353 read with 149 of Indian Penal Code, 1860 (for short „IPC‟).

2. The case of the prosecution, in brief, is that Accused Nos. 1 to 4, being close associates and residents of Nandigama and surrounding areas, allegedly conspired with other Accused to eliminate Sri Nara Chandrababu Naidu, who was then the Leader of the Opposition. On 04.11.2022, during a roadshow at Nandigama, while he was addressing the public from the “Prachara Radham,” one of the Accused allegedly hurled a stone, which struck his chin and caused injury. It is further alleged that the Accused targeted vital parts of his body with sharp-edged stones with an intention to kill him, but the attempt was thwarted by the intervention of security personnel.

3. Heard Sri M.Lakshmi Narayana, learned Public Prosecutor for the Petitioner / State and Sri P.Nagendra Reddy, learned counsel for the Respondents / Accused Nos.1 to 4.

4. Learned Public Prosecutor would submit that the investigation, based on the statements of LWs 1 to 25, clearly establishes that the incident involved a pre-planned attack. It is further submitted that the witnesses have consistently stated that there was a sudden power cut, immediately followed by stone pelting. LWs 15 to 17, the linemen accompanying the roadshow of Sri Nara Chandrababu Naidu, confirmed that the street lights were deliberately switched off and stones were thrown, causing injury to LW1.

Learned Public Prosecutor further submitted that independent eyewitnesses, including LW-18 and LW-22, identified the Accused as participants in the attack, with specific roles attributed to them in pelting stones and cutting power supply. LW-23‟s statement regarding recording the incident in his mobile phone and being threatened, and the confessional statement of LW-25 before LW-24, clearly reveal a criminal conspiracy to target and kill Sri Nara Chandrababu Naidu by planning to attack in darkness. It is further submitted that the material on record prima facie attracts alleged offences against Respondents / Accused Nos.1 to 4. Despite the gravity of the offence and strong evidence indicating a conspiracy and direct involvement of the Accused Nos.1 to 4, they were released on bail. Learned Public Prosecutor would further submit that Accused Nos.1 to 4 also have criminal antecedents. In view of the seriousness of the allegations levelled against Respondents / Accused Nos.1 to 4, learned Public Prosecutor prayed for cancellation of the bail granted to Accused Nos.1 to 4.

5. Learned counsel for Respondents / Accused Nos.1 to 4 would submit that the allegations made by the prosecution are baseless, exaggerated, and do not disclose the essential ingredients of the offences alleged. It is contended that the entire case rests on interested and inconsistent witness statements, without any credible and corroborative material. The prosecution has failed to seize the stone allegedly used in the incident, which strikes at the root of the case and renders the version of the prosecution doubtful.

It is further submitted that there is an unexplained delay of nearly one year in seeking cancellation of bail, which itself shows that there are no supervening circumstances warranting such cancellation. Learned counsel would further submit that, no material was placed before the learned Magistrate to show the criminal antecedents of Accused Nos.1 to 4, at the time of granting bail. The Respondents have complied with all