Shaik Riyaz Vs the State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR THURSDAY, THE TENTH DAY OF APRIL

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TWO THOUSAND AND TWENTY FIVE

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iPRESENT:

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

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CRIMINAL PETITION NO: 3108 OF 2025

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Between:

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Shaik Riyaz, S/o. Shaik Masthan, aged about 25 years, Business, Door No. 14/711-4, Nakash Street, Kadapa.

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Afghan Pathan Khadar Valli Khan (As per FIR Khader), S/o. A. Muzaffar Ali Khan, Aged about 30 years, Muslim Car Driver Resident of Door No. 36/696-6 Ashok Nagar, Chinna Chowk, Kadapa.

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...PETITIONERS/ACCUSED.No.1 &2

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AND

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The State of Andhra Pradesh, Through its SHO I Town U/G Police Station, Kadapa, YSR District, Andhra Pradesh Rep. by. Public Prosecutor, High Court of A.P.

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...RESPONDENT/COMPLAINANT

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Petition under Section 480 & 483 of BNSS (Old Section 437 and 439 of Cr.P.C.) is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to enlarge the Petitioners i.e. Accused.No.t & No.2 on bail in connection with Cr.No.191 OF 2024 Kadapa I Town U/G Police Station dated 26.04.2024.

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The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed i in support thereof and upon hearing the arguments of SRI DHEERA KANISHKA Advocate for the Petitioners, and of PUBLIC PROSECUTOR for the Respondent, and the Court made the following

ORDER:

APHC010146342025

SMB

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3369]

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THURSDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

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CRIMINAL PETITION NO: 3108/2025

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Between:

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Shaik Riyaz and Others

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...PETITIONER/ACCUSED(S)

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AND

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The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused{S): 1.DHEERAKANISHKA

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Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR

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The Court made the following:

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ORDER:

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This Criminal Petition, u/Sec.480 & 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/A1 and A2, seeking bail, in Crime No. 191/2024 of Kadapa I Town UG Police Station, Kadapa District.

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A case has been registered against the petitioners^{andothersforthe} offence punishable u/Sec.323, 341, 307, 435 r/w 34^IPC.

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Heard learned counsel for the petitioners and the learned^Assistant Public Prosecutor representing the respondent/State.

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ca

Case of the prosecution, in brief, is that, the defacto complainant ISi living by doing mechanic work and used to roam with Ibrahim, Hyder and paatu residents of Chilakalabavi street, There were gang wars between his friends and before si SIX months there was dispute and cases registered in II Town police station, Kadapa. While so, on 26.4.2024 at about 2.00 am, the defacto complainant went to take the cool drink by taking his friend Jawa bike bearing no.AP 39 QE 5882 and reached Saibaba hall , wherein the petitioners came with their supporters and stopped the bike, taken away the keys and stated that whey they are roaming with their rival gang people and further beat the complainant with hands and legs and caused dumb imjuries and later with an intention to kill the complainant A1 took a knife and tried to kill him and burned the bike with fire and caused damage to the value of Rs.2,00,000/-. Based on the complainant, this Crime was registered. During the course of investigation arrested the petitioners on 03.3.2025 and since then they are in judicial custody. 5. Heard. Perused the record. 6. Learned Assistant Public Prosecutor submits that investigation in this case is at crucial stage and some more witnesses are to be examined and prays to dismiss the criminal petition. 7. Learned counsel for the petitioners submit that the petitioners have surrendered before the Court concerned on 03.3.2025 and has been in judicial custody since then, The crime was registered on 26.4.2024 and prays to allow the criminal petition.

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S*

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After careful observation of the material on record and submissions made on behalf of both sides, so far it seems that investigation has not been completed. The material does not indicate that the defacto complainant/victim sustained any injury in the incident in question. Learned counsel for the petitioner submits that the ingredients of Section 307 IPC do not apply to the facts of the case as the defacto complainant/vi^ctimhasnot suffered any injuries. 9. Considering the above submissions and also the period of judicial custody of the petitioners i.e. from 03.3.2025, this Court finds that most of the investigation pertaining the role played by the petitioners have been completed. The petitioners have permanent abode as such there is no possibility of their fleeing away from justice. Learned Public Prosecutor submits that two antecedents have been reported against the petitioner for which learned counsel for the petitioner submits^thatone case was ended in acquittal on 29.9.2022 itself. Considering the above submissions, this Court is inclined to grant bail to the petitioners. 10. In the result, the Criminal Petition is allowed with the following conditions: (i) The petitioners/AI and A2 herein shall be released on their executing a personal bond for Rs.25,000/- (Rupees twenty^five thousand only) each with two sureties for a like sum each to the satisfaction of the learned Special Sessions Judge^fortrialof offences under SC/ST (POA) Act cases-cum-IV Additinoal District and Sessions Judge, Kadapa;

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(ii) the petitioners are directed to appear before^the Station House Officer concerned once in a fortnight between 10.00 a.m. and 01.00 p.m., for a period of two (02) months, (iii) the petitioners shall not tamper with the evidence and hamper the investigation and shall cooperate for investigation.

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SD/- IVJ.SRINIVAS ASSISTANT trar ^3 //TRUE COPY// SECTIONOFFICER

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Fi

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To,

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