Vulavalapudi Lakshmi Narasimha Vs The State of Andhra Pradesh

The Criminal Petition has been filed under Section 482of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused No.3 for granting of pre-arrest bail in connection with Crime No.108 of 2024 in Udayagiri Police Station, S.P.S.R.NelloreDistrict, registered for the alleged offence punishable under Sections 109(1) and 304(2) of the Bharatiya Nyaya Sanhita (for brevity of ‘the BNS’).

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The learned counsel for the petitioner submits that the petitioner is aged about 21 years, studying 2^nd year of B.Sc. (Computer Science) at Hindu College, Guntur. He has not committed any offence. He was falsely implicated in this case. He only accompanied the other accused. He has got fixed abode. He is a law-abiding citizen. He is a sincere and meritorious student. He would abide by any condition which this Court deems fit to enlarge him on bail, and it is urged to allow the petition.

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The learned Assistant Public Prosecutor submits that there are specific overt acts attributed against the petitioner. The petitioner is required to be identified by the victim before the learned Jurisdictional Magistrate in the jail. Custodial interrogation is also required. The investigation is at a progressive stage, and it is urged to dismiss the petition.

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Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor.

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As seen from the record, the de ‑ facto complainant, aged about 60 years, was allegedly attacked by the petitioners with an intention to rob her. The petitioner and other accused caught hold of the neck of the de ‑ facto complainant. Some of the accused caught hold of the hands of the de ‑ facto complainant and draw them to her back firmly. Two persons caught hold of the neck of the de ‑ facto complainant and pressed it forcefully, causing suffocation. Later, the petitioner and other accused forcefully took away the gold chain from the neck of the de ‑ facto complainant and decamped with the booty on a motorcycle. The de ‑ facto complainant alleged that the accused, even by killing her, wanted to take away the gold ornaments from her possession.

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Having seen the above allegations, the petitioner/Accused No.3 is required to be identified by the de ‑ facto complainant before the learned Jurisdictional Magistrate in a Test Identification Parade to be conducted in jail. Further, the custodial interrogation of the petitioner is also required. There are specific overt acts attributed against the accused.

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Considering the nature and gravity of the allegations and the fact that the Test Identification Parade is required to be conducted, this Court is not inclined to allow this Criminal Petition. Even though the petitioner is aged about 21 years and studying the 2^nd year of B.Sc. (Computer Science), granting of pre ‑ arrest bail is neither a license to those against whom grave allegations are leveled, nor a shield or protection to those persons who have indulged in the commission of the offence in a barbaric way. Pre ‑ arrest bail is a

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Dr.YLR,J Crl.P.No.11096 of 2025 Dated 05.12.2025

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relief which would be granted to protect innocent persons from falsified accusations.

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In the result, the Criminal Petition is dismissed. However, as per the request of the learned counsel for the petitioner, liberty is granted to the petitioner to surrender before the learned Jurisdictional Magistrate concerned within one (01) week from the date of receipt of copy of this order and move an appropriate application before the learned Jurisdictional Court concerned. The learned Jurisdictional Court concerned shall make endeavor to dispose of the said application in accordance with law, on its own merits by giving sufficient opportunity to both sides within a period of one (01) week.

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________________________ Dr.Y. LAKSHMANA RAO, J.

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Date:05.12.2025 PRA

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Dr.YLR,J Crl.P.No.11096 of 2025 Dated 05.12.2025

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

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CRIMINAL PETITION NO: 11096 of 2025